Meal Break Waiver Form Template

State:
California
Control #:
CA-JM-0049
Format:
Word
Instant download

Description

The Meal Break Waiver Form Template is designed for employees who work six hours or less and wish to voluntarily waive their right to a meal break. This form is essential for employers as it helps document the employee's choice regarding meal breaks and ensures compliance with wage and hour laws. Key features of the form include sections for the employee's name, the days of the week, and options to indicate whether the meal break was waived or missed, along with the reasons for any missed breaks. To fill out the form, employees must enter the date and check the appropriate boxes before submitting it with their timesheet to payroll. It is crucial that employers understand the legal parameters regarding meal breaks, and seeking legal counsel is advised if there are uncertainties. The utility of this form is particularly significant for attorneys, partners, and legal assistants in compliance and labor law, as it aids in managing employee rights and obligations. Paralegals and legal assistants can use the form to maintain accurate records for labor law compliance, while owners may rely on it to ensure adherence to company policy regarding meal breaks.

How to fill out California Meal Break Daily Waiver For 6 Hour Employees?

The Meal Break Waiver Form Template displayed on this page is a versatile official template crafted by expert attorneys in compliance with national and state regulations.

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FAQ

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.

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Meal Break Waiver Form Template