California employers continue to face heavy scrutiny and litigation regarding their meal and rest break practices. Since the Brinker Restaurant Group v. Superior Court decision in 2012, courts have reaffirmed that compliance is measured by strict timing rules, not just having written policies in place. Here are five key reminders on the timing requirements and related obligations for meal and rest breaks in California:

1. Timing of Breaks

Meal Breaks
The Brinker decision makes it clear:

• First meal break must begin no later than the end of the fifth hour of work (for example, 4 hours and 59 minutes into the shift).
• Second meal break must begin no later than the end of the tenth hour of work.

Rest Breaks

• 10 minutes rest for shifts from 3.5 to 6 hours
• 20 minutes for shifts of more than 6 up to 10 hours
• 30 minutes for shifts of more than 10 up to 14 hours, and so on.

Rest breaks should generally fall near the middle of work periods “insofar as practicable.” Employers should only deviate from this principle after carefully analyzing operational needs and documenting the rationale.

2. Rules Regarding Waiver of Breaks

Meal Breaks

• Can generally only be waived if the shift is less than 6 hours (but employers need to be careful about permitting employees to waive breaks)
• However, as long as employers effectively allow an employee to take a full 30-minute meal break, the employee can voluntarily choose not to take the break and this would not result in a violation (but again,...

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