There is a lot of confusion around the hyper-technical employment laws California’s legislators seem to favor. Meal and rest breaks must be provided. They must be provided at certain times of the day, for a certain duration and without restriction. Interrupting a meal break before it is over is not allowed. Providing a meal instead of a duty-free meal break does not count. For example, the ubiquitous lunch-n-learn does not satisfy the obligation to provide a meal break just because a meal is served. Rather, because the activity is usually mandatory, and participation is expected of employees, it is an on-duty and not a duty-free meal period. If, on the other hand, the activity is truly voluntary and the employee elects to participate, then the employer’s obligation is fulfilled.

Employers must start from the premise that, barring a collective bargaining agreement to the contrary, a California employee who works more than five hours in a day must be “provided” with at least a 30-minute uninterrupted meal break. A second meal period is again required if an employee works more than ten hours in a day. Under certain circumstances, one of those two meal breaks may be waived...