Legal Question in Employment Law in California

Re: termination of an employee

You must document the meal break by requiring the employee to clock out at the beginning of the meal period and clocking in at the end of the meal period.

If the employee eats their meal at their desk, there is a question as to whether the employee is relieved of all duties. If the phone rings and they answer it, their meal period has been interrupted and thus is not a "30 minute uninterrupted" meal period.

However, employees can eat their meal in a lunch room or other designated area where employees can eat their meal, and not incur a penalty.

If you require employees to remain on the premisis the penalty may apply