before Brinker, the Labor Commissioner’s manual included section 45.2.9, called “Premium Is Imposed For Failure to Provide Meal Period In Accordance With Applicable IWC Orders.” and, it included this statement: “if the meal period was for less than thirty minutes, the premium [for a missed meal period] would apply.”

after Brinker, the Labor Commissioner eliminated this section.

so what’s the law? you can’t deduct for any break when it’s only 29 minutes long — or can you? i can’t point to the DLSE manual for that answer anymore.

still, the Labor Commissioner’s opinion letter at http://www.dir.ca.gov/dlse/opinions/1992-01-28.pdf says when an employee shortens a meal break and returns to work “the whole of the meal period must be compensated.”

i don’t think the rule changed — it’s just the Labor Commissioner taking away the clarity.