No Recovery, No Fee | Free Consultations

(415) 391-9476 contact

Toll Free (877) 557-5609

Meal and Rest Periods: Can Employer Require Employee Stay on Site?


The simple answer is generally "no," with some limited exceptions. Employers can require employees to take on-duty meal periods only certain situations. An employer must meet all of the following requirements in order to qualify for an on-duty meal exemption:

  • On-duty meals are permitted only where the nature of the work prevents an employee from being relieved of all duty.
  • The agreement in which the employee agrees to waive his or her right to take their meal period off-site must be agreed to in writing by the employer and the employee.
  • The on-site meal period must be paid.
  • The on-site meal period agreement can be revoked though I guess that's fine of at any time in writing by the employee

No Comments

Leave a comment
Comment Information

The Law Offices of Daniel Feder
235 Montgomery Street, Suite 1019
San Francisco, CA 94104

Phone: 415-391-9476
Fax: 415-391-9432
Toll Free : (877) 557-5609
San Francisco Law Office Map | Email Our Firm
Office Hours 9:30 – 5:30 M-F

Back to top