This matter has come up in several states. The easiest way to figure this out is to know the STATE law. No matter what the contract SEZ, the company can NEVER violate State Law.
In California for instance, we just went thru a class action lawsuit that resulted in the payment of over 89 million dollars to drivers who worked for UPS from 1999 to 2001.
In my case, I was paid a settlement of several thousand dollars for NOT taking my first and second lunches. These settlements ranged from $1000.00 to $17,000.00 depending on length of service.
This being the case, the lunches are now mandatory. All drivers in California are to take lunch after the 4th hour and before the 5th hour...any violation of this will result in discipline from the company.
After 10 hours, all drivers are entitled to a second 1/2 hour lunch but can waive this lunch by signing a waiver, however, if a driver anticipates working 12 hours or more, that driver MUST STOP and take his second lunch no later than 5 hours after his first lunch. Anyone who works 12 hours must take a second lunch by LAW. There are no exceptions.
Working 12 hours requires the driver to plan ahead and anticipate the second lunch before going into violation.
As the law suits for lunches crosses the USA, eventually all states will clarify what must be done.
A uniform pattern of lunches cannot be applied in all states and the contract cannot supercede state law in any case.
Peace.