Question: Nonexempt (overtime-eligible) employees normally get a 30-minute unpaid meal period, but we have a few people who choose to work through lunch or cut their meal period short. As long as it’s their choice, are we okay?
Answer: Let’s start with federal law, but the final answer may be different depending on the state in which your employees work. Federal regulations don’t require meal periods. However, they say that a meal period of at least 30 minutes may be unpaid if an employee is completely relieved of all duty, although special circumstances may justify a shorter meal period (29 CFR 785.19). Subject to greater protections under state law (discussed below), we generally recommend paying an employee for their full meal period if they aren’t relieved of all duty for at least 30 minutes.
Arizona: Arizona law is silent on meal periods, so you should follow federal law.
California: California has specific requirements for the timing and length of meal periods, but you don’t have to force employees to take meal periods. As long as you relieve employees of all duty during a required meal period, allow them to take the time off, and don’t discourage them from doing so, you have satisfied your duty to provide a meal period, even if a worker voluntarily decides to skip it. However, you still must pay for the time worked. For jobs where it isn’t possible to completely relieve an employee of all duties during a meal period, you may offer a voluntary written agreement for an on-duty meal period, which the employee may revoke at any time. If you don’t provide a proper opportunity to take a meal period, you must pay one additional hour’s pay for each workday with a missed meal period (California Labor Code 226.7). See our Legal Guide, Breaks and Meal Periods – California.
Idaho: Idaho law is silent on meal periods, so you should follow federal law. See our Legal Guide, Breaks and Meal Periods – Idaho.
Montana: In Montana, a meal period generally must last at least 30 minutes in order to be unpaid, although there may be exceptions (ARM 24.16.1006). See our Legal Guide, Breaks and Meal Periods – Montana.
Oregon: Oregon has specific requirements for the timing and length of meal periods. In general, a meal period must be at least 30 consecutive minutes during which an employee is relieved of all duty, although a few exceptions apply. Except for tipped food and beverage servers, Oregon workers cannot voluntarily decline to take a required meal period, so it is important for Oregon employers to enforce state meal period requirements. Otherwise, you may have to pay a penalty of up to $1,000 per violation. See our Legal Guide, Breaks and Meal Periods – Oregon.
Washington: Washington has specific requirements for the timing and length of meal periods. In general, a required meal period must be at least 30 minutes long. If an employee’s meal period is interrupted by work duties, you must allow the employee to continue the meal period until the employee receives a total of at least 30 minutes of time off in which they are relieved of all duties. Washington allows employees to voluntarily waive their right to an unpaid 30-minute off-duty meal period, but Vigilant doesn’t recommend allowing such waivers. See our Legal Guide, Breaks and Meal Periods – Washington.
Unfortunately, some Vigilant members have faced situations where disgruntled workers file wage claims two or three years after the fact, asserting that they were forced by the needs of the business to work through their meal periods and were never paid. By monitoring meal periods, notifying employees you will pay for all time worked, and regularly asking employees to verify their actual work hours, you can reduce the likelihood that a worker will succeed on such a claim years later. We recommend directing employees to take their full meal periods unless you specifically instruct them otherwise due to production needs. You can handle refusals to follow your meal period directions through your normal disciplinary process. However, you must pay for all time actually worked, even if an employee voluntarily chooses to work through a meal period. Instruct supervisors to pay attention to the timing of meal periods to the extent possible, and tell employees to accurately record their meal periods on your timekeeping system, so you can ensure prompt payment.
