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 Meal Period Agreement With Employees
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
Though not required, I always recommend that employers reduce this waiver to writing. And, equally important, the employer should document every day that the employee and employer agree to such a waiver.
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.
The Option for Waiving Meal Breaks During Short Shifts In cases where the workday is no longer than six hours, the California labor laws offer some flexibility. Employees have the option to waive their right to a meal break, but this can only be done if certain conditions are fulfilled.
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.
Meal Break Obligations In California. You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.
