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.
Lunch Breaks Paid For
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
Unless an employee works in a retail establishment and meets the requirements of the Healthy Retail Employee Act, there is no law requiring an employer provide breaks, including lunch breaks, unless the employee is under the age of 18. Minors under 18 must receive a 30-minute break for every 5 hours of work.
The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.
Unless an employee works in a retail establishment and meets the requirements of the Healthy Retail Employee Act, there is no law requiring an employer provide breaks, including lunch breaks, unless the employee is under the age of 18. Minors under 18 must receive a 30-minute break for every 5 hours of work.
It is practice throughout government that any workday of five hours or more include a 30-minute non-compensable lunch period. This may be extended to one hour if the workday is correspondingly extended.
If you work for more than 6 hours a day, you're entitled to an uninterrupted rest break of at least 20 minutes - for example a tea or lunch break.
