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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.
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. The additional hour of pay is a wage owed to the employee. Employees have up to three years to file a claim for unpaid wages.
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.
Meal Breaks Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn't longer than 6 hours.
Requirements for Rest Breaks Hours WorkedNumber of 10-Minute Rest Breaks0 to hours to 6 hours to 10 hours210.01 to 14 hours31 more row