Kubera's Case

The employee worked in a laundry where the employees had a ten minute recess period in the morning and a similar period in the afternoon. They were not paid for the time included in these periods, and they could use this time in such a manner as they saw fit. The employees usually gathered upon the steps of the employer’s building during these periods, where they engaged in general conversation and sometimes enjoyed refreshments which they procured from a nearby store. This practice was known to and permitted by the manager of the employer. While the claimant was standing upon the steps…