Employers use this form to record an employee’s desire to waive the meal break when the employee works 6 hours or less.
Meal Waiver With State
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
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.
