Meal break compliance in California isn’t just another item on your HR checklist, it’s a legal minefield that’s triggering more lawsuits than ever before. If you're a small business owner, especially in California’s highly regulated labor landscape, managing your team’s meal breaks correctly is critical. Failing to do so can cost you far more than just a one-hour penalty, it could trigger a wave of wage claims, PAGA lawsuits, and irreversible damage to your business reputation.
The Basics
Under California Labor Code, non-exempt employees must receive an uninterrupted, unpaid 30-minute meal break before the end of their fifth hour of work. For employees working no more than six hours in a day, a written waiver may be used, but here’s the catch: that waiver must clearly state that employees can revoke it at any time and should know who to contact in HR to make that change.
Here’s the problem: Many businesses either don’t use waivers, use outdated ones, or fail to train their managers on when and how to apply them. As a result, late or skipped meal breaks are piling up, and plaintiffs’ attorneys are watching.
Meal Break Violations
Every violation costs one hour of premium pay at the employee’s regular rate of pay, not their base rate. That means commissions, bonuses, and differentials must all be factored into the calculation. Miss that detail, and your business could be paying retroactive penalties going back four years or more, plus interest, attorney fees, and potential PAGA penalties.
What’s worse? Employees often don’t even realize their rights are being violated until after they leave. There are predatory attorneys out there, one solicitation from an attorney can turn into a class action claim involving your entire workforce.
So what can you do?
Track time accurately. Use reliable timekeeping systems that track meal breaks, restrict short meal breaks and notify you of potential violations so you can act on the notification.
Use up-to-date waivers with clear language. Employees may waive their right to lunch if they work less than 6 hours, but it must be in writing and it must contain specific language.
Audit your break policies regularly. Proactively auditing time records can help spot errors, but also demonstrate that you are intentional about compliance.
Train your managers. Frontline supervisors are your first line of defense. If they don’t understand the rules, violations will continue to happen.
Pay penalties promptly. If a break is missed or shortened, pay the one-hour premium. Failing to do so only compounds your legal exposure.
In short, meal breaks aren’t just a courtesy, they’re a legal requirement. Managing them poorly can invite costly lawsuits and expose your business to serious risk. Be proactive, get compliant, and protect your company’s future.
Need help reviewing your meal break compliance practices? Reach out to the HR experts at Infinium HR, we’ll help you get it right, before someone else says you got it wrong.