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Meal Breaks 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.
California Rules for Skipping Meal Breaks 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.
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.
California employers must provide non-exempt employees with meals and rest breaks during their shifts. An employer should provide a 30-minute unpaid meal break for every five hours worked and an additional 30-minute meal break for employees who work more than ten hours in a shift.
Can I Waive my Rest Breaks? Yes, employees are not required to take a rest break; employers must make rest breaks available. What Else? Rest periods are counted as hours worked; employers cannot deduct pay from time taken for an authorized rest period.