Employee Meal Break With California

State:
California
Control #:
CA-JM-0052
Format:
Word
Instant download

Description

The On-Duty Meal Period Agreement is a form designed for employers in California to document situations where employees cannot take a duty-free meal break due to their work responsibilities. This form allows employees to agree to take a paid on-duty meal period, which acknowledges their inability to leave the premises. By signing this agreement, employees consent to a work arrangement where they can rest and eat for up to thirty minutes while being compensated during that time. Importantly, the paid on-duty meal period counts toward hours worked for overtime purposes. Employees retain the right to revoke this agreement at any time by notifying the employer in writing. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who are involved in ensuring compliance with California wage and hour laws. By using this document, legal professionals can help employers effectively manage meal break regulations and avoid penalties associated with unpaid meal breaks.

How to fill out California On Duty Meal Period Agreement?

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FAQ

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.

The California Wage Orders give employees the right to periodic (10) minute, paid rest periods. Unlike statutory meal periods, paid rest periods do not need to be recorded on timekeeping documents (e.g. time clock, timesheets).

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.

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.

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.

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Employee Meal Break With California