Question: We automatically deduct 30 minutes for meal breaks from our employees’ time records and a new payroll person is questioning this practice. Should we be concerned?
Answer: You should think twice about any company practice that runs on autopilot, especially when it involves employee wages. Employers typically establish automatic meal break deductions to save employees the trouble of clocking in and out for an established 30-minute lunch period and to save themselves the headache of dealing with employees who fail to properly log their meal time. In theory this makes life easier for everyone, but in reality it puts your organization at risk for claims of unpaid wages.
Unpaid Meal Breaks Require Clear Boundaries—and Reliable Tracking
Meal periods of 30 minutes or more can generally be unpaid for nonexempt (overtime-eligible) employees, as long as the time off isn’t interrupted by work tasks, such as fixing equipment, answering emails, helping customers, or receiving work instructions. However, if your employees don’t clock in and out, you run the risk of not knowing when a meal was interrupted or missed completely, even if you have a policy and/or a form for employees to report missed meals.
Missed Meal Reporting Policies Are Only Effective If Employees Understand and Remember Them
All too often a policy on reporting missed meal periods isn’t communicated effectively (e.g., the policy isn’t clear or in a language the employee understands) or communicated often enough (e.g., the policy is included in the handbook but never discussed in person or on a recurring basis). If employees don’t know how or when to report interrupted or missed meals, employers are still responsible for paying for those meal periods. Backpay for unpaid wages due to missed meals, as well as damages and penalties if you end up in court, can add up quickly.
Case in point: a residential care facility in St. Louis, Missouri, is currently defending itself against a lawsuit filed by the U.S. Department of Labor (DOL) for repeated missed meal payments for multiple employees over a two-year audit period. The care facility argued that it had a reporting policy; the employees simply didn’t use it. However, in ruling against the employer, the court pointed to ample evidence that the policy was poorly communicated, including the lack of time sheets filed during the two-year audit (as compared to hundreds afterwards), and interviews with employees that showed a sizable percentage (including one supervisor!) didn’t know about the time sheet policy (Micone v. Levering Regional Health Care Center, L.L.C., 8th Cir, March 2025).
Want to Keep Automatic Lunch Deductions? Make Sure Your Policies and Training Are Solid
If you want to continue your automatic lunch deductions, consider reviewing your reporting policy for clarity, setting a regular schedule to educate your employees on when and how to report missed or interrupted meals, and training your supervisors on their responsibility to prevent and spot missed or interrupted meals. Vigilant Law Group offers a 90-minute training that covers these issues, called Wage & Hour Issues for Supervisors. Call your Vigilant Law Group employment attorney if you’re interested in this class or have questions about meal break deductions at your worksite. Also, see our Legal Guides on breaks and meal periods for California, Idaho, Montana, Oregon, Washington, and Washington Agricultural Employees.
