Employers use this form if the employee cannot leave the premises during lunch breaks because of the nature of the employee's work. By entering into this Agreement, the one hour penalty for not having a duty-free lunch break does not need to be paid.
California Duty Meal Period With Clots
State:
California
Control #:
CA-JM-0052
Format:
Word
Instant download
Description
How to fill out California On Duty Meal Period Agreement?
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FAQ
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. An additional 30-minute meal break should also be provided for employees who work more than ten hours in a shift.
Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
California Rules for Skipping Meal Breaks 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.
California Rest Break Requirements Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted. Rest breaks must be paid. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break.
Employees working 6 hours or less may waive their meal break by mutual consent of both employer and employee. Employees working more than 10 hours, but less than 12 hours, in one shift can waive their second meal break provided they did not waive their first meal break. Employees cannot waive both meal breaks.
