---
kind: "section"
citation: "29 C.F.R. § 810.115"
title: "29"
number: "810.115"
heading: "Paid meal time and paid break time."
url: "https://uscodex.org/cfr/29/810.115"
---

# §810.115. Paid meal time and paid break time.


Paid meal time and paid break time are counted as direct production work for purposes of determining whether at least 85 percent of a worker's total work hours are hours worked in direct production. However, if less than 85 percent of a worker's total work hours are worked in direct production, paid meal time and paid break time are not included in the average hourly base wage rate calculation.


## Notes

### Authority

Authority: 19 U.S.C. 1508(b)(4) and 19 U.S.C. 4535(b); 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701.

### Source

Source: 85 FR 39810, July 1, 2020, unless otherwise noted.