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If an employee's shift is six hours or less, the meal period may be waived by mutual consent of the employer and employee. So, if an employee works six-and-one-half hours, she and her employer are prohibited from a meal break waiver.

California law provides most employees with the right to have an unpaid 30-minute meal period if they work more than 5 hours, and the right to have at least one paid ten-minute rest break if they work at least 3.5 hours in a day, and a second paid ten-minute break if they work at least 6 hours.

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.

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.

If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift.

California also has exemptions for various industries concerning meal and rest break requirements. These industries include healthcare, construction, commercial drivers, union employees, public agencies, the motion picture industry, publically-owned electric utilities, and security officers.

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.

California Rules for Skipping Meal Breaks 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. But you and your employer must agree to it beforehand, preferably in writing.

What are the basic requirements for rest periods under California law? A. Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof.

You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn't encouraging or forcing you to.