This article is for any non-exempt employee (hourly) to help learn how to manage 'meal breaks' while working. Kronos will automatically assign a penalty for those employees who do not manually waive the meal break. 

In the SON, we have a variety of clinical situations that require unique timekeeping, including 12-hour shifts.

Requirements:

• Must be an APU Nursing adjunct faculty or staff that is non-exempt
• Record your time in Kronos and have access to timekeeping.apu.edu 

Article Contents:

• What is a meal break penalty?
• APU Policy & Summary
• How do I waive a meal break penalty?
• When is it acceptable to incur a meal break penalty?
• How do I know when I am receiving a meal break penalty/
• Situational Examples:

What is a meal break penalty?

Under California law, when an employer fails to provide a proper meal break to a nonexempt employee, the penalty owed to the employee is one hour of extra pay for each workday. Employees should avoid starting their meal periods late or missing them altogether.

APU Policy & Summary

Meal Breaks are explained in the APU Employee Handbook, Section 4.11: Rest and Meal Periods, page 74. The following is a summary:

• California state law requires that rest and meal periods are provided for nonexempt employees.  SON adjuncts and staff (nonexempt employees) are responsible for taking and recording their meal and rest periods as outlined in the policy.
• The first meal period must start before the end of the fifth hour of continuous work.
• You are entitled to a second meal period if you work 10 hours.
• Meal periods may be thirty minutes or longer at the supervisor's discretion. This time will be time “off the clock.”
• If the employee chooses to skip/miss the meal period, or to start the meal period late, the employee will be entitled to normal compensation, but will not be entitled to a meal period penalty. 
• If the supervisor requires or causes the employee to miss the meal period or to start the meal period late, then the employee will be entitled to a meal period penalty for the missed or late meal period.
• When recording your time, either manually or electronically, the employee must indicate why a meal was missed or started late
• Late or missed meal periods at the employee’s discretion, that are not recorded accurately, may result in disciplinary action per university policy.

How do I waive a meal break penalty?

Please watch this video on how to waive the meal break. [Video: How to waive the meal break]

1. In your time card, right-click on your red occurrence.
2. A Punch Action Window will pop up, at the bottom. Select the comment button.
3. A Comment Window will pop up. Select the "employee waived meal period" - You can add an optional note, but it is not required.
4. Click the OK button. You will see a blue bubble indicating your note was entered.
5. Click Save to record updates to your time card.

When is it acceptable to incur a meal break penalty?

A meal break penalty is acceptable when your supervisor approves that you work through your meal break or to begin the meal break after the fifth hour. Most assignments allow you to manage your own meal breaks. If you are unclear or have questions, please contact your supervisor. Employees should make every effort to avoid starting their meal periods late or missing them altogether. Late or missed meal periods at the employee’s discretion, that are not recorded accurately, may result in disciplinary action in accordance with university policy.

How do I know when I am receiving a meal break penalty?

Your time card will show a red occurrence, which looks like an exclamation mark next to the time in your timecard. If you hover your cursor over the red occurrence, the system will popup a note describing the issue. These occurrences should be corrected before the end of the pay period.

Situational Examples

Employees are responsible to indicate in Kronos when they start their meal period and when they return to work. If the shift is less than five hours, then you are not required to take a meal break. For all other options, please use below as a reference:

6+ Hour Shift // One Meal Break

• If an employee begins his/her work shift at 8 a.m., he/she must begin the meal period before 1:00 p.m. If not, you will be assigned a meal break penalty.
• It is recommended that the lunch break be scheduled and commenced no less than five (5) minutes prior to the end of the 5th hour of the shift, to avoid inadvertently starting the meal period later than is required.
• Video: How to waive the meal break penalty

10+ Hour Work Day // Two Meal Breaks

• When you work a 10 or 12-hour shift, you receive a second meal break.
• According to the policy, if the employee, at his/her own discretion, elects to miss his/her meal period, or to start his/her meal period late (e.g. working through the meal break), the employee will be entitled to pay for time worked but will not be entitled to a meal period penalty.  Therefore, you should waive the meal penalty unless your supervisor has given alternative instructions.
• Video: How to waive the meal break penalty