Mars US
Meal Periods and Breaks Policy (CA)
(effective March 2020)
This policy is a supplement to the Meal Periods and Break Policy (US). It applies to sites and Non-Exempt Associates in California.
Meal Periods
Mars provides all Non-Exempt Associates who work more than five hours in a shift with a 30-minute unpaid, off-duty meal period.
Associates must begin their meal period no later than 4 hours and 59 minutes into their shift.
Associates are required to punch out for meal periods and punch in when they go back to work. Associates are expected to accurately report all time worked on their timecards.
During their meal periods, Associates are relieved of all duty and are free to leave the premises. Mars encourages Associates to take their meal breaks.
Associates who miss a meal break should report it to their Line Manager or open a ticket on the MyP&O portal so that the timecard can be corrected and properly coded. When Associates miss a meal break, they are entitled to be paid for the time worked and a one-hour premium. If work conditions or scheduling cause an Associate to miss meal periods, or they are discouraged from taking a meal period, the Associate should report the circumstances to their Line Manager or create a request on the MyP&O portal so that the timecard can be corrected.
- Waiver of First Meal Break: When an Associate will end their shift in 6 hours, the meal period may be waived by mutual consent of the Associate and Mars. Associates should properly code their timecards.
- Second Meal Break: Associates who work more than 10 hours in shift are entitled to a second 30-minute unpaid meal period. The second meal period must begin before the end of the 10th hour of work (5 hours into the shift.) Associates who work between 10 and 12 hours in a shift may voluntarily waive their second meal period only if they took their first meal period. Associates may not waive a second meal period on shifts more than 12 hours. Associates who provide a waiver may take a meal period upon request and may revoke their wavier at any time by submitting a written revocation. Mars provides a Second Meal Break Waiver form for this purpose.
- On-Duty Meal Break: In certain limited situations, Associates may be permitted to take on-duty meal breaks. An on-duty meal break is permitted only if the nature of the job duties prevents the Associate from being relieved of all duty and must be paid. On-duty meal periods must be agreed to in writing and can be revoked at any time. For more information, Associates should ask their Line Manager or search for more details via the MyP&O portal.
Rest Breaks
Mars provides Associates with a 15-minute paid rest break during every 4 hours worked (or major fraction thereof). Rest breaks should be taken as far as practicable in the middle of each 4-hour work period. Rest breaks may not be combined with meal periods or used to shorten the workday.
During rest breaks, Associates are relieved of all duty; however, they are required to remain on company premises unless otherwise authorized.
Rest breaks are counted as hours worked and are paid regardless of whether the Associate punches out. Therefore, Associates are not required to record rest breaks on their timecards. Timecard approvals by both Associates and Line Managers constitute confirmation that the Associate took all rest breaks in the pay period.
Associates who miss a rest break should report to their Line Manager and properly code their timecards. When Associates miss a rest break, they are entitled to be paid a one-hour premium. If work conditions or scheduling cause an Associate to miss rest breaks, or they are discouraged from taking a rest break, the Associate should report the circumstances to their Line Manager or create a request on the MyP&O portal.
As stated in the Meal Periods and Breaks Policy (US), Associates are not permitted to work off-the-clock, to shorten or skip their meal or rest breaks, use breaks to compensate for arriving late or leaving early, or use rest breaks to extend their meal breaks.
On occasion when circumstances prevent Associates from taking all or part of their meal or rest break, they are required to record the shortened or skipped break in the Timekeeping System. If work conditions or other circumstances cause an Associate to perform work off-of-the-clock, the Associate should report the conditions to his/her Line Manager or create a request on the MyP&O portal.
Associates who regularly work off-the-clock or skip or shorten meal breaks may be subject to counseling, and repeated violations may be subject to disciplinary action. Associates will not ordinarily be subject to disciplinary action for skipping rest breaks unless breaks are required by applicable law, but Associates should code missed breaks in the Timekeeping System and notify their Line Managers or create a request on the MyP&O portal.
For additional information, refer to the following policy documents:
Meal Periods and Breaks Policy (US)