Under Labor Code 1174 and IWC Wage Order 5, employers must maintain detailed time records:
Start and end time of each work period (daily)
Start and end time of each meal period — recorded to the nearest minute
Total daily hours worked and split shift intervals
Records must be kept for at least 3 years
All meal break waiver agreements must be in writing and retained
Note: Meal/rest break premium payments are classified as “wages” under California law
(per Naranjo v. Spectrum Security, 2022). They must appear on pay stubs and be included in final paychecks.
What Your Employee Handbook Must Include
Meal Break Policy
Entitlement to a 30-minute break after 5 hours
Second break for shifts over 10 hours
Waiver procedures for short shifts
How to report a missed break
Premium pay commitment (1 hour per violation)
Rest Break Policy
Entitlement to a paid 10-minute break every 4 hours
Cannot be waived or combined
How to report a missed break
Anti-retaliation statement
Manager responsibility to ensure compliance
Best Practice: Use electronic attestation at clock-out where employees confirm whether they received all
required breaks. This creates a documented record that can serve as critical evidence in litigation.