![]() ![]() There are Instances Where California Employers and Employees Cannot Waive the Requirement of a Meal Break Even With a Documented Meal Break Waiver. And, equally important, the employer should document every day that the employee and employer agree to such a waiver. Though not required, I always recommend that employers reduce this waiver to writing. ![]() This means that an employee who works, for example, 14 hours may not waive this second meal break, regardless of whether or not the first meal break was waived. Likewise, if an employee’s shift is 12 hours or less, the second meal period may be waived by mutual consent only if the first meal break was not waived. So, if an employee works six-and-one-half hours, she and her employer are prohibited from a meal break waiver. If an employee’s shift is six hours or less, the meal period may be waived by mutual consent of the employer and employee. However, a meal break waiver is only allowed in very limited circumstances. ![]() There may be a number of reasons why the employer and employee agree to such a meal break waiver for example, the employee may want the additional 30 minutes of pay, the employer might have a need for low staffing during the employee’s shift, or the employee simply may have lunch or dinner plans after work. California Employers and Employees may Mutually Waive a Meal BreakĪn employee and an employer may mutually agree that the employee will waive (or relinquish the right to) a meal break. In next week’s post, I will explain the other main exception to the general rule: providing employees with on-duty meal breaks. This post discusses the circumstances under which employers and employees may agree to waive employees’ meal breaks. But there are certain, limited exceptions to this general rule. As explained in the first post in this series, the general rule is that California employers must provide employees who work more than five hours with meal breaks. This is the second post in my “Understanding California Meal Breaks” series. Today I’ll be discussing meal break waivers. ![]()
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