LORT actually has a rule about that, Fred. "If the Theatre requires the Stage Manager or Assistant Stage Manager to work during the meal break, including, but not limited to, work which is necessary in order to enable a rehearsal to resume properly and appropriately on time, the Theatre shall provide the Stage Manager or Assistant Stage Manager with a meal and pay no less than one hour of overtime." (64-I-3-b)
So, your trepidation about presetting over break is correct. You and your AEA assistants are not to do so, unless the person who approves overtime at the institution give their consent.
Pat and Vernon have already given great advice. Staggering breaks is a great solution. However, as you suggest, letting the director in on the rule, and telling them that your department will begin preset as soon as the break is over, is also a choice. Depending on your relationship with them, of course. They can do scene work, or notes, or music until you are ready. There's ALWAYS something small that needs work.
But, you are backed up on this one, by a very specific written rule.
Need your advice: I am PSM at a LORT ‘C” theater and am in rehearsal for HELLO DOLLY. Just before the Company went on its scheduled one hour lunch break the director announced he wanted to have a stumble-through of the entire show after lunch ( A major schedule change!!). I have two ASMs and one production assistant. My question is whether to: Take our required one hour meal break and return in a hour to preset for the stumble-through thereby delaying the start of stumble-though; OR do the preset over the lunch break and eat in whatever remaining time is left before afternoon rehearsal begins; OR advise the Producer stage management will be putting in for penalty meal time if they have work through the meal break; OR stagger individual breaks of stage management so each has a full hour to eat as well as preset for the stumble through;OR immediately point out to the director some of the consequences his decision to change the schedule have made for stage management. I am assuming that all members of the stage management here will support the final decision. I know there are other solutions and I welcome your alternative suggestions. Thanks!