Are meal break requirements determined by the total length of an employee’s shift, or by the number of hours actually worked?

Meal break requirements in California are determined by the number of hours an employee actually works each day. The length of the employee’s assigned shift may be longer than the number of hours actually worked in a few situations.

When calculating hours worked, we look at the total shift length and subtract out any unpaid meal periods or other time off. For example, Joe is scheduled to work from 8 a.m. to 6:15 p.m., which is 10 hours and 15 minutes. Because Joe is scheduled for more than 6 hours, he of course must take at least one 30-minute meal break. But since Joe’s shift is 10 hours and 15 minutes long, is he then entitled to a second meal break? The answer is no — Joe