Today, we’ll take a look at certain situations where an employee may not be entitled to an uninterrupted meal break. In our previous post, we discussed that an employer must fully relieve employees of all duties during their meal breaks.

Special Work Situations

There are, however, specific exceptions where an employer may interrupt an employee’s meal break due to the nature of the job. Common examples include security personnel or drivers who, due to the nature of their duties, cannot be completely relieved during mealtime. In such cases, the following conditions must be met:

• A written agreement must be in place between the employer and employee.
• The employer must compensate the employee for the time worked during the meal period.
• The agreement must clearly state that the employee can revoke their consent at any time.

In most cases, employees are allowed to leave the premises during their meal breaks. However, if the nature of the job (such as security) requires the employee to remain onsite, the employer must provide a suitable area for eating. Additionally, if an employee’s shift falls between 10 p.m. and 6 a.m., the employer must provide access to a space where food can be heated.

Exempt Employees

Meal break rules do not apply to exempt employees. For more information on exempt employees, please refer to our previous blog post.

Other Exempt Industries

Certain industries are legally exempt from standard meal break requirements. For example, employees who are directly responsible for the care of children may not be entirely free from duties during their meal breaks. Other exempt sectors include: Healthcare, Certain public agencies, The film industry, Wholesale baking, Union workers, Commercial drivers, Construction, Security, Electric and gas utilities, etc. To confirm whether your job falls under an exempt category, it is advisable to consult with a labor law attorney familiar with California law.