Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
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In California, employees cannot refuse to take a lunch break if they are eligible under the law. The law ensures that employees working longer shifts receive adequate breaks to rest and recharge. Choosing to skip a lunch break can lead to potential health issues, so it is vital to understand your rights. For flexible options, consider using the Meal break waiver form California Spanish to formalize any agreements with your employer.
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.
A mutual waiver agreement under California law to be used with employees who work less than six hours a day and agree to waive their meal period, or those who work more than ten hours but less than 12 hours a day and agree to waive their second meal period but have not waived their first meal period.
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.
Requirements for Rest Breaks Hours WorkedNumber of 10-Minute Rest Breaks0 to hours to 6 hours to 10 hours210.01 to 14 hours31 more row
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.