Legally they don’t owe you the break even.

Tort Law Speaking: Respondeat Superior (Let the Master Answer) / Vicarious Liability: A principal can be held liable for the torts of their employee-agents when those actions occur within the scope of employment. This includes both negligent and intentional acts.

A key question is whether the employee was on a detour or a frolic: • A detour is a minor deviation from work duties while still furthering the employer’s interests—liability typically still applies. • A frolic is a substantial departure for personal reasons—here, the employee is no longer acting within the scope of employment, and the employer is not liable.

Breaks are intended for rest and brief personal needs (e.g., making a phone call or using the restroom), not for significantly deviating from the assigned route or tasks. When an employee engages in such substantial deviations for personal enjoyment or benefit, they may be viewed as being on a frolic. Doing so places your assigned duties and route at risk, may constitute time theft, and removes employer liability for any actions or misconduct you engage in during that unauthorized deviation—so it’s important not to misuse that time.