Auto deduct of meal periods

We are a California employer who auto-deducts 1/2 hour meal periods for all employees who work in excess of 6.0 hours per day. If an employee works less than 6.0 hours in a work-day, they agree to waive their meal period for their shift. We have a policy that each hourly employee signs which acknowledges this practice and places the responsibility on them to notify their supervisor if they miss their meal and/or break period.

In CA, an employer must pay a penalty of 1.0 hour of the employee's regular hourly rate for each workday that the employee misses a meal and/or break period. My concern is that even with the signed policy acknowledgment, this will not be enough to defend a claim from an employee who states they did not receive their meal and/or break as entitled.

I am curious how many companies auto-deduct like this, and what has been the history with wage and hour audits, if any.
Sign In or Register to comment.