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Highlights: An otherwise facially neutral policy of rounding meal period start and end times are noncompliant with California meal period laws where the policy sometimes resulted in underpayment of meal period premiums. Where records show noncompliant meal periods on their face, a rebuttable presumption of noncompliance arises. Employers should consider implementing a system, such as a drop-down menu, whereby the employee’s choice to forego a provided meal period is documented. On 25 February 2021, the California Supreme Court provided a long-awaited answer to the questions of whether California employers can legally round meal breaks and whether records showing potential noncompliance with meal period requirements create a presumption of noncompliance. Now, more so than ever, California employers should ensure that their timekeeping and meal break policies, practices, and increasingly important technology are up to date and compliant with the current demands of the law.

United statesKennedy donohueDiego cntySee candy shops incKl gatesBrinker restaurant corpCalifornia supreme courtPlaintiff kennedy donohueMeal breaks runs afoulLabor codeCandy shopsSan diego cntyRebuttable presumptionMeal periodBrinker restaurantPrivate attorneys general act