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California Rules for Skipping Meal Breaks 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. These ?on-duty? paid periods often occur when the type of work you perform prevents you from leaving your workstation.
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 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. These ?on-duty? paid periods often occur when the type of work you perform prevents you from leaving your workstation.
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.
California Meal Break Law Requirements If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday.