Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
California Break Waiver Form 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
In California, you can refuse to take a lunch break, but it requires proper documentation. The California break waiver form with lunch allows you to formalize this decision. This form helps clear any confusion about break times between you and your employer. Always confirm that your refusal aligns with labor regulations.
Though not required, I always recommend that employers reduce this waiver to writing. And, equally important, the employer should document every day that the employee and employer agree to such a waiver.
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.
Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn't longer than 6 hours.
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.
Rest and meal breaks are separated to ensure employees are receiving enough rest throughout their work shift to prevent burnout and fatigue. As of 2012, California law ensures employers provide adequate meal breaks to employees, but the taking of the meal break is up to the employee.
