Does an Employer Need to Ensure That Its Employees Take Meal Breaks?

It is well established in California that all non-exempt employees must be given a meal break if the employee works more than 5 hours in a day. Although there is some ambiguity with respect to whether an exempt employee must be provided a meal break after 5 hours, it is recommended that ALL employees, whether exempt or non-exempt, be provided an unpaid 30 minute meal break if the employee has worked 5 hours in a day.

There is one question that remains. Does an employer have to ensure that the employee take the meal break? Short answer – NO. The employer only needs to advise the employee that taking a meal break is required after working 5 hours.

To cover this, we advise our employers to make the following posting where other notices are posted (see next article).

“This is to remind all employees that if you work at least five hours in a day, you are entitled to a 30-minute unpaid meal break each day and as your employer, we are required to advise you of this.”

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.