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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.
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 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.
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.
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.