California law generally requires employers to provide non-exempt employees with a timely, uninterrupted 30-minute meal period when they work more than five hours in a day. Employers need not force employees to take meal breaks, but they must be ready to explain meal break exceptions, i.e., missed, short, or late meal records. Two California Supreme Court decisions, Brinker and Donohue, explain why.

Brinker: Provide the Break

Brinker requires employers to relieve non-exempt employees of all work duties and provide a genuine opportunity for a timely, uninterrupted meal period -- not police breaks or force employees to eat.

Donohue: Document Exceptions

Donohue addresses meal break exceptions: the law presumes a violation unless the employer proves it provided a proper meal break opportunity or the employee voluntarily skipped or shortened it.

The Court also barred rounding meal break times because rounding can hide late or short breaks.

Employers should document the reason for each exception before payroll closes. If the employer caused the problem or cannot document a voluntary employee choice, it should pay the meal period premium: one additional hour at the employee’s regular rate of pay.

The Practical Difference

Brinker gives employers flexibility; Donohue requires proof when records show a problem. Meal break records often drive PAGA and class action claims because plaintiffs look for patterns: late lunches, missing meal records, short breaks, automatic 30-minute lunch deductions, or unpaid premiums.

Take-Aways

Employers should:

• record actual meal start and end times, without rounding;
• document meal break exceptions through attestations or electronic prompts;
• pay meal premiums when warranted; and
• train supervisors not to delay, interrupt, or discourage breaks.

Employers that provide proper breaks and document exceptions reduce the risk that one meal break issue becomes a broader PAGA or class action claim.

For further information, please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin.

See also:

• Channel the Waters - Workplace Policy Handbook & Forms for 2026 (May 27, 2026)
• Devils or Detail - Precision Timekeeping: Best Protection Against Business Damnation (January 2, 2026)
• Sweat the Details: Friendly Workplace Practices Audits Before PAGA Comes Calling (January 24, 2025)

Cindy Bamforth

July 16, 2026