Scrap the practice of “guesstimating” when it comes to your employees’ meal periods.

The result of a recent California Supreme Court hearing finds that timekeeping software and practices that round meal periods to the nearest half-hour—in some cases significantly reducing the legally required 30-minute period for every five work hours—are not permissible. Each day in which an employee misses an appropriate and full meal period results in an additional hour of “premium” pay. That equals a full hour of pay at the employee’s regular wage, for each violating day).

Reporting Breaks Manually

If your employees manually punch in and out for their meal periods, your process is fairly straightforward. It should be clear that each employee must record precisely 30 minutes for a lunch, and that it must be taken after no more than five hours. If your employee starts their shift at 8 a.m., the latest their meal period may begin is 1 p.m. That part isn’t news. However, the documentation on their timesheets must reflect that exact time—no rounding. 1:01 would be out of compliance, and, according to the new California judgment, would entitle the employee to premium pay.

Further, it’s not horseshoes or hand grenades anymore: “Close” isn’t good enough. An employee who clocks out for lunch at 12:35 p.m. cannot clock back in at 1 p.m. without violating compliance. If your employees are clocking manually and your payroll supervisor is conscientious, this should be easy to monitor. The employee must ensure they take exactly a 30-minute break, and record it precisely.

Reporting Breaks With Software

But what about employers who use time-logging software that rounds? The CA decision spoke to that, too. It ruled that such software processes are not only non-compliant but systemically so. (The new ruling, if you are interested, stemmed from a class-action lawsuit). Many versions of time-keeping software would record an adequate, compliant meal period of 30 minutes even if the employee clocked out for lunch at 12:05, and clocked back in at 12:24. The software’s rounding configuration rounded to the nearest half-hour, and the meal period would be reported as a compliant 30 minutes. But, clearly, it fell well short of the legal requirement.

Avoiding Action

The easiest way to stay out of court (remember: litigation is never a win) is to simply ensure your employees are 1) taking meal periods of the appropriate length, 2) at the appropriate time, and 3) reporting them accurately. Your timekeeping records should show fully complaint meal periods consistently.

If you use clock-in software, disable any configurations that round meal periods and make sure time is being recorded precisely and accurately. Communicate with your employees your expectations that they take their full breaks, and record them accordingly. And, look: Every employer knows that “stuff happens” throughout the course of a work shift. Be ready to compensate your employee fairly with an extra hour of pay if they don’t get their full meal period. All of these options are exponentially better than multiple employees taking you to court for shorting them on meal periods.

As with any employee-related change, we know this stuff can be confusing. Reach out to us if you could use a little help sorting through it all—Allevity is here to help!