Meal Waiver With State

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

Description

The Meal Waiver with State is a form used by employers to document an employee's choice to waive their meal break when working six hours or less. This form allows employees who work over five hours a day to have a duty-free, unpaid meal break of thirty minutes, which must commence by the end of their fifth hour. However, if an employee is working for six hours or less, they may choose to waive this break voluntarily. The form requires employees to indicate the specific date and whether they have waived their meal period or missed it, providing reasons for any missed breaks. It is important for the employee to return this completed form with their timesheet for payroll processing. Key features include the clarity on meal timing regulations and the process for waiving breaks. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to ensure compliance with labor laws and to maintain accurate employee records. It serves as a protective measure both for the employee's rights regarding meal breaks and the employer's documentation process.

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

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FAQ

California allows you to skip meal periods without triggering legal issues for your employer if you volunteered to do so. 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.

For each workday that you fail to provide an employee a meal break as required, you owe the employee one additional hour of pay at the employee's regular rate of pay.

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.

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.

Waivers and variances Employees can waive their meal break requirement if both they and their employer agree. Employees cannot waive rest break requirements. Employers may file a Variance Application (F700-089-000) to modify rest and meal break requirements.

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Meal Waiver With State