Get Rest Break Waiver Form

The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring workers to stay on premises during their lunch time. However, employers should carefully consider the wage and hour implications of having a policy that forbids employees to leave during lunch.

A. Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).

Often times, workers on 8-hour shifts are allotted two, 10-15 minute breaks, along with a 30-minute meal break, and those on 12-hour shifts are allotted three short breaks and a longer meal break.

Can I Waive my Rest Breaks? Yes, employees are not required to take a rest break; employers must make rest breaks available.

Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break. The break doesn't have to be paid - it depends on their employment contract.

Meal Break Obligations In California. You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.

Employers may require workers to stay on premises during their rest breaks, but they cannot be required to work during the 10-minutes. Employees do have the option to opt out of their rest breaks if they don't want to take them.

You're usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day.