Can the meal period requirement be waived for a working lunch?

No. A meal period cannot be waived for a working lunch.

A working lunch is considered hours worked for nonexempt employees because they are not relieved of all duty.

If an uninterrupted 30-minute meal period is not provided before the end of the fifth hour of work, the employer must pay for the working lunch and an additional one-hour premium for the meal period violation.

A working lunch may also trigger overtime. For example, an employee working 8 a.m. to 5 p.m. with a one-hour working lunch works nine hours: eight hours at straight time, one hour at time-and-a-half, plus one hour of premium pay for the violation.

No waiver is permitted for working lunches.

To avoid penalties, the employer may provide a compliant 30-minute meal period earlier in the shift (before the fifth hour) and hold the meeting later while providing lunch.

IWC wage orders allow “on-duty” meal periods only under limited circumstances and require a written agreement. This is not a waiver, and a working lunch typically does not meet the criteria.

If attendance at a work-related meal or training is required, the employer must pay for the meal.

Meal periods may be waived only in limited situations:

• If the workday is no more than six hours, by mutual consent.
• A second meal period (over 10 hours) may be waived if the shift does not exceed 12 hours and the first meal period was not waived.

Read about Meal Breaks in the HR Library.