All You Need To Know About Meal Penalty in California
Emily Maina
Last update on:
February 10, 2025 5:01 AM
Published on:
Picture this.
It’s time for your employees to take their 30-minute meal breaks. You relieve them of their work duties, but they have to stay on site during their break. Unaware of California’s meal penalty laws, you fail to compensate your workers for their meal breaks. Two years later, one of the employees sues you, and the court orders you to pay the penalty.
This hypothetical scenario can quickly become a costly reality for employers who misunderstand or disregard California's complex meal break laws.
In this guide, we’ll explore the cost of violating California's meal break requirements, discuss industry-specific challenges, and address common misconceptions. Finally, we’ll explain how Timeero’s California breaks tracker can help you maintain compliance and avoid hefty fines.
Learn more about California’s Break Compliance laws from our webinar video featuring Amber S. Healy and Barima Kwarteng.
Struggling to comply with the California meal break policy?
Learn how Timeero automates compliance procedures.
Your employees are entitled to a meal break of at least 30 minutes if they work more than 5 hours during their shift. This break should be given at the end of the 5th hour of work.
Employees should be given a second 30-minute meal break if they work more than 10 hours per day. This second break should be taken by the end of the 10th hour of work.
To learn more about California’s break rules, be sure to read our California break law guide.
Industry specific challenges
While meal and rest break laws apply to all non-exempt workers, it may be difficult for employees working in certain industries to adhere to federal and state break regulations.
Healthcare
Healthcare employees covered by IWC Orders 4 & 5, may be subject to minor exceptions when it comes to the right to travel off-site during work hours. The nature of patient care also makes it challenging for employees to step away for a full 30 minutes, leading to missed or shortened breaks.
Field Workers
Agricultural workers, sales representatives, or construction crews that work in the field, may face logistical challenges when it is time to take meal breaks. Working in remote areas with lack of designated break areas, as well as the demands of the job can make it difficult for field workers to comply with break requirements.
Trucking/Transportation
Drivers are subject to both federal and state break regulations. Hours-of-service rules, delivery schedules, and the need to remain available can make it challenging to take compliant meal breaks.
Industries and occupations with collective bargaining agreements that override the California meal break law include:
Off-duty vs. On-duty meal breaks– What’s the difference?
California law mandates that meal breaks be "off-duty", meaning employees must be completely relieved of all work duties during their meal breaks. During this time, employees should be free to do as they please, and are not subject to employer supervision.
However, "on-duty" meal breaks are permissible in circumstances where the nature of work prevents an employee from being relieved of all duties. Employees taking an “on-duty” meal break are required to sign a written agreement with their employer before working through their required break.Keep in mind, the employee can revoke their agreement to work “on-duty”, in writing at any time.
Remember, on-duty meal breaks are the exception, not the rule.
Remaining compliant with California break laws
In the case of Brinker Restaurant Corp. v. Superior Court, the California Supreme Court stated that the employer's obligation is to relieve the employee of all work-related duties and relinquish control over their activities during the meal period.
As an employer, it’s important that you encourage your employees to follow California’s break laws. If your employees engage in work-related activities during their 30-minute meal break, with or without your knowledge, you will still be held responsible for compensating your workers for missed breaks.
The best way to avoid issuing premium pay is to make sure your employees are taking their required breaks. The strategies listed below will help you track and manage your employees’ breaks.
Create a clear company break policy
Build breaks into daily schedules
Use an automated break tracking system
Require employees to verify they have taken their breaks each day
Allow your employees to legally work through their breaks with a signed meal waiver
What is a California meal waiver?
The California meal waiver refers to a case where the employee and employer agree to work through their meal break. Waivers are permissible under specific conditions:
The first meal break can be waived if the employee's shift is six hours or less.
The second meal break can be waived if the first was not, and the employee's shift is no more than 12 hours.
Both meal breaks cannot be waived in a single shift.
The waiver must be in writing, and the employee can revoke it in writing at any time.
When to pay meal penalties
The California meal penalty, also known as meal premium pay, is a monetary penalty employers must pay to employees when they fail to provide legally compliant meal breaks. It's equivalent to one hour of the employee's regular rate of pay for each missed or shortened meal break. This penalty is paid in addition to the wages the employee would have earned during their break.
The California meal break penalty is only applicable when you violate California’s meal laws.
If you find yourself committing any of the practices below, you probably owe your employees premium pay for break violations.
Do not permit meal breaks altogether.
Allow meal breaks shorter than 30 minutes.
Require employees to stay on-site without mutual consent.
Knowingly let employees work during their meal break.
Waive the lunch break without mutual consent.
Pressure employees to forego meal breaks (for example, by creating a strict scheduling policy that infringes on employees’ meal breaks).
Offer incentives to lure employees to work during the meal break.
Employee revokes the waiver agreement, but you ignore it.
Waive the first and second breaks for employees working more than 10 hours.
There are multiple ways you can violate labor law. It's important you seek legal counsel from experts well-versed in California labor law to avoid potential pitfalls.
How much is penalty pay in California?
The meal break penalty in California, also called meal premium pay, is equivalent to one hour of an employee’s regular rate of pay for each break violation. To calculate the potential cost of meal penalty compensation, use our California Meal Penalty calculator.
What does meal penalty compensation look like in real life? Let’s take a look.
A local construction company hired 20 crew members, each paid at $25 per hour. Their project deadline is quickly approaching, and it's all hands on deck. The general foreman decides that it is in the company's best interest to require the entire crew to stay on-site during their meal break. This decision violates break law and now the company could be in for a hefty penalty.
Just how much of a penalty?
Let’s do the math.
If this practice were to continue for 3 months, we need to first determine how many meal breaks the workers should have taken during the 12 week period.
For a 5 day workweek, the workers take 1 meal break per day.
5 breaks per week x 12 weeks = 60 meal breaks over a 3 month period
Then we will need to calculate the meal penalty pay for each employee according to how many breaks were missed.
60 missed meal breaks x $25 per hour = $1,500 penalty pay per employee
Finally, we will calculate the total amount of penalty pay for the whole crew.
$1,500 penalty pay x 20 crew members = $30,000 total in meal penalty pay
The compensation process
Employees don't have to take the legal route to receive meal penalty pay. You can both come to an agreement through an amicable out-of-court settlement. However, if you fail to strike an out-of-court agreement, court may be the best option for you.
If you take the matter to court, the employee will need to file a claim with the Division of Labor Standards Enforcement (DLSE) within three years of the alleged violation. The employee must submit evidence of dates and times when the violation happened and other pertinent evidence such as:
Texts, emails, or voicemails
Video or audio recordings
Witness statements
Company memos
If the court proves beyond a doubt that you violated the break law in any way, you are responsible for paying the meal penalty.
You may also have to compensate the employee for punitive damages, emotional distress, and attorney’s fees, if applicable.
The cost of retaliation and discrimination
If you retaliate or discriminate against an employee for demanding compensation or filing a lawsuit, the employee can file a discrimination and retaliation complaint with the labor commissioner’s office. If the authorities prove the retaliation or discrimination happened, you’ll face legal action as stipulated in California Labor Code sections 98.6 ad 230.
Some forms of retaliation and discrimination include threatening the employee, discharging them, or unfairly lowering their wages.
Common misconceptions and compliance traps
"On-duty" meal periods are always permissible.
False. On-duty meal periods are only allowed under very specific circumstances and require a written employer-employee agreement.
Employees can waive their meal breaks at will.
False. Waivers are only valid under specific conditions and must be in writing. Employees can revoke the waiver at any time.
Providing the meal break is enough.
False. Employers must not only provide meal breaks but also ensure that employees are relieved of all work duties while actively preventing work from occurring during meal breaks.
Timeero takes the headache out of break tracking. Instead of chasing down your employees, reminding them to take their breaks, Timeero allows you to customize the app's break settings to reflect your company's break policy, preventing your Californian employees from ending their meal break prematurely.
Timeero's daily sign-off form further strengthens compliance. Upon clocking out, your employees working in California are presented with a form asking if they adhered to the state meal and rest break policies. If employees indicated they did not take their break by marking “no”, they must enter a valid explanation for non-compliance.
Timeero's Daily Sign-off form confirms that employees have taken the required meal break or mutually agreed to waive them.
Timeero also prevents time rounding, ensuring accurate tracking of actual break times. Employees are able to edit their sign-off forms, within a 7-day window, safeguarding against claims of employer manipulation.
Start a free trial today to get a first-hand feel for the Timeero’s California break tool.
FAQs
What is a meal penalty in California?
A meal penalty in California is a monetary penalty equal to one hour of an employee's regular pay rate for each completely missed or shortened meal break. It is a legal remedy designed to compensate employees for lost break time.
When are meal breaks required?
Meal breaks are required for non-exempt employees who work more than five hours in a workday. A second meal break is required for those working over ten hours.
Can you waive the meal penalty in California?
You cannot waive the meal penalty itself; it is a legal obligation for the employer when breaks are not provided. However, under specific conditions, employees can waive their meal break through a written agreement.
When must penalty pay be paid?
Meal penalty compensation should be paid promptly, ideally alongwith the employee's regular paycheck during the pay period in which the violation occurred. Unpaid meal penalties can result in legal action and additional penalties.
What is the statute of limitations for meal break violations?
The statute of limitations for meal break violations in California is generally three years.
Take the Timeero California break tool for a risk-free whirl for 14 days.
Emily Maina is a tech-savvy writer with a passion for creating content. With years of experience in the industry, she is well-versed in the latest trends and developments in the tech industry. When she’s not working, Emily enjoys exploring the great outdoors or watching her favorite shows.
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