California has some of the most complicated meal and rest break requirements in the country! Miss one technical detail, and your company may be subject to penalties—under a 3-year statute of limitation for violations, this could really add up! Our meal and rest break FAQs can help you make sure you’re doing it right.

Does California impose a penalty on missed or truncated meal periods?

According to California law, nonexempt employees working a 5-hour or longer shift are required to be offered an uninterrupted, work-free meal period of at least 30 minutes. As with most things, exceptions apply: Any employee working between a 5- and 6-hour shift may voluntarily forgo a meal period—but it must still be offered if the employee wants it, and it must be offered before the fifth hour of work ends. Employees who work more than 10 hours in one day must also be offered a second meal period. (Additional circumstances can warrant a paid, on-duty meal period—see next question.)

So what does happen if an employee is not provided a meal break? Under California law, the employer must pay penalties equivalent to one extra hour of pay for each day the breach occurs. This is true when at least one entitled break (meal or rest) is not offered, or is not offered on time.

Can employees waive their meal breaks?

As previously mentioned, this answer is yes for shifts under six hours, if employer and employee mutually agree. (It is strongly recommended to get it in writing when an employee chooses to waive. Create a simple form and keep it on file.) Under limited circumstances, an employee can work an on-duty, paid meal period in lieu of being relieved of work; this can include sole-worker situations, such as a sole worker at a mall kiosk, security outpost, or late-night convenience store, or any other situation where taking a duty-free meal period would result in hardship. A “working lunch” meeting—even if the employer provides lunch—is considered an on-duty lunch and must be properly compensated. Similarly, a meal period must be paid if the employer requires an employee to remain on the work site, even if the employee is relieved of all duties. An employee may not use a meal period at the end of the day in order to leave work early.

Can rest breaks be combined into one longer break?

Maybe—and here is where it gets tricky. As a general rule, in one 8-hour shift, an employee should take one rest break in the first half of the workday, and one rest break in the second half. Employee handbooks typically specify the length of rest breaks, at least 10 minutes but often 15, while some handbooks also address that rest breaks may not be combined. But here’s where it gets muddy. Under the right circumstances, rest breaks may be combined. Now, this will require a careful examination of operational needs and both employer and employee buy-in. Employers would have to be cautious to justify such a deviation, to minimize potential legal liability. So unless it’s absolutely necessary to combine rest breaks, it’s probably not worth the risk.

Should managers be responsible for monitoring employee meal breaks?

It’s not a bad idea, even if employers are only required to provide an opportunity for meal breaks, not to ensure employees actually take them. Managers are usually the first set of eyes to notice whether an employee is not taking meal breaks or is not taking them timely. If the break policies are published in the employee handbook, it will be easier to encourage employees to follow company policy. Some companies may choose to hold their managers accountable if their employees continue to skip meal breaks. After all, an employer who knows—or reasonably should know—that an employee is working through their meal period should be compensating the employee for that time, or insisting the employee follow the rules.

When in Doubt…

…about any of these rules, check with your Human Resources team or employment counsel. Guessing is not a good idea and could get you in trouble, especially when your situation might be an exception! And if you need a quick and reliable HR answer on the go, YES! Your Human Resources Solution can help. Contact us for a free consultation!