My employee wants to work through lunch and leave early. Can I agree to that?

Employees can voluntarily work through their lunch.  Be sure to get documentation from the employee showing that the employee chose to not have a compliant meal period.  There is no meal period violation if an employee voluntarily chooses to work during a meal period, as long as the employer:

  • Relieves the employee of all work duties;
  • Relinquishes control over their activities;
  • Permits employees a reasonable opportunity to take an uninterrupted 30-minute break;
  • Does not impede or discourage the employee from doing so; and
  • Completely and accurately records its compliance with California law, including documentation from the employee that it was the employee’s choice to forego or take a shorter meal period.

For more information, we encourage you to read more about compliance with California meal period law.