Compliance Auditor

Meal Break Violation Checker & Guide

A multi-prong diagnostic to evaluate your rest and meal period eligibility. Analyze shift durations against jurisdictional triggers like California's "Premium Pay" and federal "Bona Fide" standards.

Statutory Disclaimer

Meal break laws are highly jurisdictional. While the FLSA does not mandate breaks, many states (e.g., California, New York, Washington) have strictly enforced statutory floors. This tool provides educational modeling and is not a substitute for a privileged legal audit of your specific employment contract or industry Wage Order.

Meal Period Risk Assessment

The Right to Rest: Brinker & Statutory Evolution

Meal period compliance is often misunderstood as a simple "Lunch Break." In reality, it is a complex regulatory requirement centered on the Relinquishment of Control.

Following the 2012 California Supreme Court ruling in Brinker Restaurant Corp. v. Superior Court, the legal standard shifted. Employers are not required to ensure no work is done, but they must provide a break where the employee is relieved of all duty and free to leave the premises.

Technical Compliance: The 'Off-Duty' Standard

For a meal period to be considered "Off-Duty" and thus unpaid, it must satisfy three rigorous criteria:

Relief of All Duty

The employee must be completely free from work obligations. If a receptionist is told, "Go eat your lunch, but please just answer the phone if it rings," that break is on-duty and must be paid as hours worked.

Relinquishing Control

The employee must be free to leave the premises. If the employer requires the worker to stay in a breakroom or on-site, the employer is maintaining control, which may trigger a violation in strict jurisdictions.

The Cost of a Late Lunch: Premium Pay

In strict jurisdictions like California, failing to provide a compliant meal period is not just a policy breach; it is a Statutory Wage Violation that triggers a automatic penalty.

The 1-Hour Penalty

For every day that a compliant meal period is not provided (meaning it was missing, late, or interrupted), the employer must pay the employee one additional hour of pay at the employee's regular rate.

Regular Rate Precision

Following Ferra v. Loews Hollywood Hotel, this "Premium Pay" must be based on the employee's Regular Rate (including bonuses), not just their base hourly rate. This makes the penalty significantly more expensive for high-performance staff.

Meal vs. Rest Periods: A Statutory Grid

Properly auditing your paycheck requires understanding that meal periods and rest breaks follow different statutory rules.

FeatureMeal PeriodRest Period (Paid)
Duration30 Minutes (Net)10 Minutes (Net)
Unpaid/PaidUnpaid (if off-duty)Always Paid
TimingBefore 5th Hour endsMiddle of 4-hr block
Off-SiteMust be allowedEmployer can restrict

Break Compliance FAQ

Can I eat at my desk while working?↓
If the employer requires you to stay at your desk or remain "on-call" for phones/emails, the break is On-Duty. In this scenario, it must be paid, and you may be entitled to a one-hour premium penalty if no off-duty break was offered.
What is the '5th Hour' rule?↓
In California, the first meal period must start before the end of the 5th hour. If your shift starts at 8:00 AM, your break must begin no later than 12:59 PM. Starting at 1:00 PM is a violation triggering premium pay.
Are waivers legally binding?↓
Only in specific increments. For example, if you work less than 6 hours, you can waive the meal period in writing. If you work more than 6, the break is mandatory. You cannot broad-waive your right to future meal periods in an employment contract.