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 Form California For Elderly
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
There may be a number of reasons why the employer and employee agree to such a meal break waiver; for example, the employee may want the additional 30 minutes of pay, the employer might have a need for low staffing during the employee's shift, or the employee simply may have lunch or dinner plans after work.
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.
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.
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.
Exempt employees are entitled to meal breaks, but not rest breaks. Generally, there are three requirements for an employee to be classified as exempt: Salary must be at least twice the state minimum wage for full-time employment; Primary duties must be administrative, executive, or professional tasks; and.
