California Court Shifts the Burden to Employers on Missing Meal Break Records
A new California appellate court decision is sending a clear warning to employers: if your time records show missed meal breaks and you aren’t paying premiums, the legal burden now shifts to you — not the employee.
In the December eleventh ruling, the court emphasized that when timekeeping systems show employees working shifts over five hours with no recorded meal breaks, and no premiums are paid, California law presumes a violation. That presumption was established in the Donohue decision and now carries major weight in litigation.
In this case, more than 1,300 shifts showed no meal breaks, creating a powerful presumption against the employer. Even though the company submitted multiple declarations from drivers claiming they were never discouraged from taking breaks, the appellate court held that written policies alone aren’t enough when the records tell a different story.
The key issue:
A company’s own time records—not its handbook, not employee testimony—trigger the legal presumption. Once triggered, the employer must prove that compliant meal periods were actually provided and employees voluntarily chose to skip them.
This decision is especially important for employers with:
- Automated or incomplete timekeeping systems
- Drivers or field employees who do not clock out for breaks
- Policies that allow breaks but do not ensure they are taken
- No documented premium payments
The court also reaffirmed that PAGA claims cannot be dismissed simply for being complicated — meaning employers face greater exposure if their time records are inaccurate or incomplete.
What this means for employers:
- Review meal break practices, not just written policies
- Audit timekeeping systems for accuracy and compliance
- Ensure premiums are paid when breaks are missed
- Train supervisors on the importance of break compliance
- Document provided meal periods consistently
Accurate records are no longer just a best practice — they are a legal shield.
HR Consulting Group can assist employers with HR audits, timekeeping reviews, policy updates and compliance training.