Missed Meal Break Penalty on SkyTab Workforce

Description: Stay compliant with California legislation in relation to missed breaks. In California, 'non-exempt' employees are entitled to a 30-minute unpaid meal break for each five-hour period worked during their shift.

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When an employer fails to provide an employee with a meal break, the employee is entitled to one extra hour of pay at the employee’s regular hourly rate. The missed meal break penalty automatically identifies when a meal break has been missed and applies the extra one hour of pay to the relevant timecard.

Note: By default, the break allocation tables have been configured to allocate breaks as prescribed by Californian legislation.

Permission Requirements

Administrator access

Navigation

Click on Main Menu > Compliance > Breaks > Missed Meal Breaks.

Break Penalty Calculations

A break penalty is applied when either of the following two scenarios occur:

• An employee works a shift that extends beyond 6 hours without taking a meal break
• An employee works a shift that extends beyond 12 hours without taking two separate meal breaks

Note: The missed meal break penalty is only applied once per workday. For example, if an employee works a 14-hour shift and does not take either of the two mandatory 30 min meal breaks, only one penalty is applied.

Allowing for Break Waivers

The break penalty is not applied in the following scenarios:

• The break was not taken; however, the shift duration fell within the period of time that the break was able to be waived
• A break was taken; however, the full 30 minutes of the break was not taken

In both these scenarios, the break penalty is not applied because it is assumed that the break, or the remaining portion of the break, was waived by the employee.