Can an employer round meal-break punches in California?
No. In Donohue v. AMN Services (2021) the California Supreme Court held that employers may not round time punches for meal periods. It also held that time records showing a short, late, or missed meal period raise a rebuttable presumption that the break was not provided, shifting the burden to the employer.
The employer used software that rounded punches to the nearest ten minutes. A meal period actually lasting 21 minutes could be recorded as 30, and one starting after the fifth hour could be recorded as starting before it — in both cases erasing a violation from the record.
The court held that rounding is incompatible with the meal-period rules specifically, because those rules are precise by design: a 30-minute minimum, and timing tied to the fifth and tenth hours. A practice that is neutral on average still hides individual violations, and each violation carries its own premium.
The second holding matters just as much in practice. Where the records themselves show a non-compliant meal period, the employer bears the burden of showing the break was genuinely provided and the employee chose otherwise — rather than the employee having to prove it was denied.
Note the scope. Donohue addressed rounding for meal periods. Rounding of shift time generally has since been narrowed further by California courts where an employer can capture the actual minutes, which most modern systems can.
Sources
Last reviewed 2026-08-09. Informational only — not legal advice. California rules change; confirm against the current source before acting.