Breakfast may be the most important meal of the day, but if your employees are skipping their meal breaks, it’s not just bad for their blood sugar—it’s bad for your company’s budget and legal compliance.

If you fall under the category of managers, small-business owners, or HR professionals, like us at YES! Your Human Resources Solution, you probably know the basic rules of meal and rest breaks in California.  (There are exceptions to the basic rules based on industry and other circumstances, but for this blog, we’ll just do a quick review of a typical office day.)  In a classic 8-hour workday, an employee is typically entitled to one paid 10-minute break during the first and second half of the shift, and one unpaid 30-minute meal break within the first 5 hours of the shift.  Your company’s policy may allow for 15-minute breaks and 60-minute lunches.  Either way, it’s your job to facilitate employee break time.

So you’re doing your part to uphold the law and offer appropriate rest and meal breaks to your employees.  That should keep you safe from legal repercussions, right?

Not necessarily.

If an employee opts not to take paid rest breaks, that is a personal preference that does not violate the law.  On the other hand, an employee who skips a scheduled meal period puts your company in violation of labor laws—and can have costly repercussions beyond the budgetary level.  To curb potential problems, let’s talk about how we’ll handle Hal, an employee who has made a habit of working through his lunch breaks.

Start by talking to Hal.  In a nonconfrontational manner, sit him down and tell him you’ve noticed he’s been skipping his lunch breaks.  Ask him why, and genuinely listen to his response.  Maybe he’s a recent college grad who is eager to please, maybe he prefers not to eat at lunchtime, or maybe he would rather work than face the social awkwardness of the break room.  Do your best to understand his situation—that will help guide your response.  Once you understand his reasoning, it’s time to ease Hal toward legal compliance.

Chances are, Hal doesn’t realize that by skipping his meal breaks, he’s putting your company at legal risk.  Get him on board by explaining that you need his help to comply with state law.  So the company won’t get in trouble, he needs to start at least a 30-minute meal break within the first 5 hours of his shift.  From there, you can tailor your response based on his reason for avoiding lunch.

If Hal is trying to impress you with his work ethic, you could tell him you’ve noticed how hard he’s been working and that you appreciate his dedication, but you’d also like him to be healthy so he can stay with the company for the long haul.  Explain that breaks can help lower employee stress levels and stave off burnout.  You could also say that employees who take their breaks are more productive, even though they work less time.

If Hal doesn’t like to eat at lunchtime, you could suggest other ways that he could spend his meal breaks.  He could read a book, listen to music, take a nap, go for a walk, or run errands.  Even a short amount of time spent away from his desk will leave him ready to resume work fresh and more productive.

If Hal dreads having to interact with other employees—or dreads having no one to eat with—you could suggest solutions for that, too.  If Hal wants to spend lunch alone, perhaps he could eat in a less crowded area, such as a nearby picnic area or a park.  If Hal is short on lunchtime company, consider organizing a luncheon and inviting Hal along.  That might encourage his coworkers to get to know him and possibly invite Hal to lunch on their own.

Whatever his reasons for avoiding lunch, make it a goal for Hal to start taking his meal breaks, and set a date to follow up on his progress.  Consistent and compassionate management and HR leadership can help Hal appreciate his personal time while keeping your company compliant with California employment law.