Donohue v. AMN Services, Inc.

(2021) 11 Cal.5th 58

Every short meal punch in the time-clock data now creates a rebuttable presumption that the employer failed to provide a compliant meal period. Rounding cannot be used to round away violations. The burden shifted.

Holding

Time records showing a meal period of less than 30 minutes (or no meal period at all) raise a rebuttable presumption that the employer failed to provide a compliant meal period.

Impact on Defense Practice

Shifts the burden to the employer to prove compliant meal periods were provided. Rounding policies cannot be used to round away meal period violations. Employers must now demonstrate affirmative meal period provision, not just the absence of complaints.

Defense Strategy

Audit time records for short punches before litigation. Identify and document business justifications. Prepare declarations explaining operational context for any patterns.

This analysis is for informational purposes only. Case law is current as of Q1 2026.