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Thomas Delfing
Thomas Delfing

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BAG Ruling 2022: Tracking Breaks and Non-Billables – Without the Stress

Dear lawyers and patent attorneys in Berlin and beyond, in the fast-paced world of a law firm everything revolves around precision – whether in client advisory work, case law research, or billing. Since the landmark ruling of the German Federal Labour Court (BAG) on September 13, 2022, however, it is no longer enough to keep an eye only on your billable hours. Breaks and non-billable time must now also be tracked systematically.

Sounds like extra stress? Not at all. With the right time tracking solution for lawyers, such as TimeSpin®, a legal obligation turns into a smart daily routine. In this article, we explain the BAG ruling, update it to the legal situation in 2025, and show how you can stay compliant without losing clarity or focus.


The BAG Ruling 2022: Obligation to Fully Track Working Time

The BAG ruling (Case No. 1 ABR 22/21) created legal certainty: Employers – and therefore also managing partners of law firms – are required to record the entire daily working time of their employees. This includes not only start and end times, but explicitly also breaks and interruptions.

The ruling is based on the 2019 decision of the European Court of Justice (ECJ) and applies to all industries, including the legal profession.

For lawyers and patent attorneys in Germany, this means:

Tracking breaks for lawyers must be a priority in your firm in order to document overtime, rest periods, and compliance with the German Working Hours Act (ArbZG).

Why does this matter? Missing or incomplete records can lead to fines, claims for damages, or even lawsuits – risks no compliance-driven law firm wants to take. Especially critical is the tracking of non-billable hours: Time spent on breaks, internal meetings, or administrative tasks may not be billable, but it is essential for payroll and tax documentation.


Legal Update 2025: Digital Time Tracking Is Getting Closer

As of 2025, the core obligation from the BAG ruling remains unchanged. Employers must continue to document the start, end, and breaks of daily working hours.

What is new is the political direction: The German government’s coalition agreement announces a statutory obligation to introduce digital time tracking. Electronic systems are expected to become the standard, ensuring transparency and protection against manipulation.

For law firms, especially in Berlin, this means:

Investing early in tools like TimeSpin® helps avoid last-minute implementation stress and potential fines of up to €30,000 per violation.

Break regulations themselves remain the same:

  • At least 30 minutes of break after 6 hours of work
  • At least 45 minutes after 9 hours

Automatic break deductions are only permitted if they are explicitly agreed upon – a point recently reaffirmed by a BAG ruling concerning hospital doctors and equally relevant for law firms.


Stress-Free Tracking: How TimeSpin® Helps Your Firm

Imagine tracking breaks and non-billable time with a simple cube gadget that works offline and syncs seamlessly to the cloud. That is exactly what TimeSpin® offers – an innovative time tracking solution designed for lawyers.

The 12-sided TimeSpin® tracker combines physical interaction with digital precision. Simply rotate the cube when switching tasks, and breaks or activities are logged automatically. No app switching, no paperwork – ideal for the demanding daily routine of a law or patent firm.

Benefits of TimeSpin® for Lawyers’ Time Tracking

  • Compliance-ready

    Automatic tracking of breaks and non-billables in line with BAG rulings and ArbZG requirements.

  • Efficiency boost

    Increase your billable rate by up to 20 percent by clearly understanding where your time actually goes.

  • Easy integration

    Cloud-based, GDPR-compliant, and scalable from solo practices to large legal teams.

With TimeSpin®, compliance becomes an opportunity: more transparency in your firm, fewer disputes, and more focus on what truly matters – practicing law.


FAQ: Common Questions About Time Tracking for Lawyers

Here is a quick overview of the most important questions, structured as an FAQ for clarity:

Do law firms have to track breaks?

Yes. Since the BAG ruling in 2022, tracking breaks and total working time is mandatory to comply with the ArbZG. Tools like TimeSpin® make this simple and unobtrusive.

What are non-billable hours in a law firm?

These include breaks, training, and administrative tasks that cannot be billed to clients. However, they must still be documented for payroll and tax purposes – ideally with automated non-billable tracking.

Are there new rules for digital time tracking in 2025?

The obligation to track time remains, but a legal requirement for electronic systems is planned. Preparing now with solutions like TimeSpin®, which work both offline and in the cloud, puts you ahead of the curve.

How does TimeSpin® support local compliance for German lawyers?

The software takes regional requirements into account, such as home office regulations, and optimizes time tracking for lawyers with a strong focus on efficiency and usability.


Would you like to learn more about TimeSpin®?

Try it for free and prepare your law firm for the future of compliant, stress-free time tracking. Contact us for a live demo in Berlin.


Sources and Further Reading

  • BAG Decision 1 ABR 22/21
  • Federal Ministry of Labour and Social Affairs (BMAS) FAQ on working time tracking
  • Coalition Agreement 2025 on digital time tracking

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