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The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.

An employee and an employer may mutually agree that the employee will waive (or relinquish the right to) a meal break. California Labor Code § 512(a) .If an employee's shift is six hours or less, the meal period may be waived by mutual consent of the employer and employee.

Meal breaks must be taken before the end of the fifth hour of a shift. So if workers clock in at 8 a.m., for example, they must clock out for lunch by p.m.

Under California Labor Law, employers must allow employees working in California to take a 30-minute meal break after every 5 hours of work. Meal breaks are unpaid, but must be uninterrupted and the employees are permitted to go off-site and spend the time on any of their personal business.

Employers must pay this penalty, also known as a meal period premium, every time a non-exempt employee takes a late meal period, is interrupted by work during a meal period, or misses a meal period. Should an employee voluntarily decide to forgo the employer-provided meal period, the employer need not pay a premium.

In California, all nonexempt employees are generally allowed to take an uninterrupted 30-minute meal period and two rest periods during an eight-hour shift.Loews paid her and other hourly employees a one-hour premium payment if the employee did not receive a meal or rest break.

But also, If your employer fails to provide the required meal break period, you are to be paid one hour of pay at your regular rate of compensation (this is referred to as meal period premium pay) for each workday that the meal period is not provided.

Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work.

California Meal Agreement

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