Meal Breaks

California Industrial Welfare Commission (IWC) Orders require a 30-minute off-duty meal period for all non-exempt employees before the end of the fifth hour of work with two exceptions: • When a work period of not more than six hours will complete the day’s work, the meal period may be waived by mutual consent of the employer and the employee. • An on-duty meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when a written agreement to a job meal period is agreed to. The agreement shall state that the employee may, in writing, revoke the agreement at any time. The penalty for failing to provide the meal period is one hour of pay for each day not provided. Recently, an employer reported it was being assessed the penalty for any employee who started the meal period one minute or later after the fifth hour of work. The penalty can be assessed from October 1, 2000 and can be applied for three years maximum. The State Labor Commissioner has not allowed an on-duty meal except when the employee cannot be relieved and must remain at work for the business to continue operations.