Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
California Meal Break Waiver With Lunch
State:
California
Control #:
CA-JM-0049
Format:
Word
Instant download
Description
How to fill out California Meal Break Daily Waiver For 6 Hour Employees?
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FAQ
Under the law, rest and meal breaks are meant to be taken separately in California. Combining them might seem like a tempting way to take a longer break or leave work early. However, labor laws have established that these breaks should be taken at different times.
However, a meal break waiver is only allowed in very limited circumstances. If an employee's shift is six hours or less, the meal period may be waived by mutual consent of the employer and employee. So, if an employee works six-and-one-half hours, she and her employer are prohibited from a meal break waiver.
Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
I give my consent that I may waive my 30-minute unpaid meal break only when my work and/or scheduled shift will be completed in 6 hours or less in one workday. I understand that if my shift exceeds 6 hours, I am required to take an unpaid meal break of at least 30 minutes.
If you don't work more than six hours, you can also skip your meal break for any reason. You may legally waive your meal break if you work more than six hours. But you and your employer must agree to it beforehand, preferably in writing.
