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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 and an additional 30-minute meal break for employees who work more than ten hours in a shift.
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.
I give my consent that I may waive my 30-minute unpaid meal break only when my work and/or scheduled shift will be completed in 6 hours or less in one workday. I understand that if my shift exceeds 6 hours, I am required to take an unpaid meal break of at least 30 minutes.
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.
Rest breaks are counted as hours worked, and thus, employees are not required to record their rest breaks on their timecards or in the company's timekeeping system. It is company policy to relieve employees of all duty during their rest breaks, so that employees are free to use their rest break time as they wish.