Civil Law

California employers continue to face heavy scrutiny and litigation regarding their meal and rest break practices. Since the Brinker Restaurant Group v. Superior Court decision in 2012, courts have reaffirmed that compliance is measured by strict timing rules, not just having written policies in place. Here are five key reminders on the timing requirements and related obligations for meal and rest breaks in California:

1. Timing of Breaks

Meal Breaks
The Brinker decision makes it clear:

• First meal break must begin no later than the end of the fifth hour of work (for example, 4 hours and 59 minutes into the shift).
• Second meal break must begin no later than the end of the tenth hour of work.

Rest Breaks

• 10 minutes rest for shifts from 3.5 to 6 hours
• 20 minutes for shifts of more than 6 up to 10 hours
• 30 minutes for shifts of more than 10 up to 14 hours, and so on.

Rest breaks should generally fall near the middle of work periods “insofar as practicable.” Employers should only deviate from this principle after carefully analyzing operational needs and documenting the rationale.

2. Rules Regarding Waiver of Breaks

Meal Breaks

• Can generally only be waived if the shift is less than 6 hours (but employers need to be careful about permitting employees to waive breaks)
• However, as long as employers effectively allow an employee to take a full 30-minute meal break, the employee can voluntarily choose not to take the break and this would not result in a violation (but again, employers must be able to establish that the employee voluntarily waived their break, which can be difficult without the proper documentation). The Supreme Court explained in Brinker, “The employer that refuses to relinquish control over employees during an owed meal period violates the duty to provide the meal period and owes compensation [and premium pay] for hours worked. The employer that relinquishes control but nonetheless knows or has reason to know that the employee is performing work during the meal period, has not violated its meal period obligations [and owes no premium pay], but nonetheless owes regular compensation to its employees for time worked.”

Rest Breaks

• Employees may voluntarily skip rest breaks only if they were properly authorized and permitted to take them.
• Employers must not pressure or discourage employees from taking rest breaks.

3. Timekeeping Requirements

• Employers must record all meal periods taken.
• Employers are not required to record rest breaks, but must still ensure they are authorized and permitted.

4. Complaint Procedure for Missed Breaks

Even with compliant policies, employers can still be liable if they knew or should have known that employees were missing breaks.

• Have a clear and accessible reporting procedure for employees to notify the company if they could not take a meal or rest break.
• A documented, effective complaint process can be critical in defending against claims that breaks were not provided.

5. No Rounding Meal Periods

In Donohue v. AMN Services LLC, the California Supreme Court held:

• Time rounding is not allowed for meal periods.
• Meal period records must show actual, precise time taken.

Even small amounts of rounding could cut into the guaranteed 30 minutes. The Court also held that time records that show a missed, short, or late meal break create a rebuttable presumption of a meal period violation. The court explained that, “Employers can rebut the presumption by presenting evidence that employees were compensated for noncompliant meal period or that they had in fact been provided compliant meal periods during which they chose to work.”

Looking Ahead: AI-Powered Compliance Tools

The attorneys at Zaller Law Group are currently developing AI-powered compliance software designed to help employers track and enforce wage and hour compliance—with a special focus on meal and rest break rules.

This ties directly into Private Attorneys General Act (PAGA)’s 2024 reforms, which now reduce penalties for employers who can show they took “reasonable steps to comply” with the law:

• 15% of the applicable penalties if reasonable steps were taken before receiving a PAGA notice or request for employment records
• 30% of the applicable penalties if reasonable steps were taken within 60 days after receiving a PAGA notice

We are currently testing the software, but if you would like to join a waitlist to learn more when the software is available, submit your information here. 

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