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The Legal Angle —
Coffee Break Ruled 1 Benefit to Employer
-Vs > ~
By NORMAN SHIGON
Coffee breaks may often be expensive to the employer. However, once the employer has entered into an agreement with the employes, especially through a collective bargaining contract, to provide a coffee break with a certain time period allocated for such purpose, the employer is compelled to live up to his bargain.
In addition, when an employer grants a coffee break, such as Aeromotive Metal Products, Inc., did in 1952, as a result of a request by its employes, to permit the employes 15 minutes each morning for a coffee break, and in the process reduces the lunch hour period by the same period, this amounts to an illusory benefit to the employes. This is so, since the time period is of too short a duration so that the employes might “make beneficial use of this time.”
IMPROVES RELATIONS
Furthermore, since the granting of a fifteen-minute coffee break improves employer-employe relations, a court, the United States District Court for the Northern District of California, held in March of this year, in the case of Goldberg vs. Aeromotive Metal Products, Inc., that “such rest period was predominintly for the benefit of the employer.”
In fact, the court felt that since the employer had continued to maintain a 40-hour week, the 15 minutes a day coffee break, for which the employes had not been compensated, actually amounted to one and one-quarter weekly hours of overtime, and that the employes were therefore entitled to a judgment for back time plus interest.
This type of decision indicates that when an employer gives a coffee break he shouldn’t be a miser, and should not try to “cheat Peter to pay Paul.” If an employer wants to be a “good guy,” then he should be open-handed and pay the employes for their coffee break.
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BOXOFFICE :: August 5, 1963
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