Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
Meal Break Waiver By State
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
Employees can waive their meal break requirement if both they and their employer agree. Employees cannot waive rest break requirements. Employers may file a Variance Application (F700-089-000) to modify rest and meal break requirements.
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.
Waiver of meal period Employees may waive their meal periods only when they will complete their workday in six hours. If employees work more than 10 hours in a day, they may waive their second meal periods only if they take their first meal periods and they do not work more than 12 hours that day.
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.
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.
