IMPORTANT QUESTIONS ANSWERED ABOUT MEAL PERIODS - PART II

Q: A company has a policy that states that employees must notify their supervisor/manager if they fail to take a lunch break. If an employee violates this policy by failing to notify his or her supervisor that he or she worked through work, must the employer pay the employee for the missed lunch period?

A: Yes, the employee must be paid for all hours worked, including the time worked during the missed meal period. The employer may subject the employee to disciplinary action for failing to follow company policy; however, the employer may not discipline an employee when the employee was forced to skip his or her lunch in order to meet a deadline imposed by the employer.

Q: Some of my employees work a 12-hour shift. Do I have to give them more than one meal period?

A: While federal law doesn’t address this issue, some states, including California, require employers to provide a second meal period of no less than 30 minutes when employees work more than 10 hours per day.

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