Meal Period Waiver
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Document signed by an employee to voluntarily waive their right to a meal period under specific conditions allowed by law.
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Waiver of meal periods is permitted only in very limited circumstances in California. Specifically, a non-exempt employee who works more than 5, but no more than 6 hours in a workday may waive their meal period with the consent of the employer. A non-exempt employee who works more than 10, but no more than 12, hours in a workday may waive their second meal period with the consent of the employer if the first meal period was taken.
Non-exempt employees in California must clock out and back in from meal periods. Employers are required to keep records of these time entries.
In the very limited circumstances where a meal period waiver is permitted, it is always the employee's choice whether to waive. Employers may not retaliate against employees who decline.
A "meal period" is an unpaid break from all work for at least 30 minutes, which California law requires employers to provide to employees who work more than 5 hours in a workday. A second 30-minute meal period is required for employees who work more than 10 hours in a workday. Employers must relinquish all control over employees during their meal periods, and employees must be allowed to leave the work premises.
A meal period waiver is an employer-approved request by a non-exempt employee whose workday does not exceed 6 hours to skip their 30-minute meal period, or an employer-approved request by a non-exempt employee who has taken their first meal period and whose workday is greater than 10, but no more than 12 hours, to skip their second 30-minute meal period.
A meal period waiver is permitted only in very limited circumstances in California. Specifically, a non-exempt employee who works more than 5, but no more than 6 hours in a workday may waive their meal period with the consent of the employer. A non-exempt employee who works more than 10, but no more than 12, hours in a workday may waive their second meal period with the consent of the employer if the first meal period was taken.
No. A non-exempt employee who works more than 10 hours is entitled to a second meal period. Waiver of the second meal period is permitted only if the employee has taken their first meal period and their workday does not exceed 12 hours.
A meal period waiver form is not required, but it is highly recommended that employers use a waiver form to document the waiver was voluntary.
A meal period waiver is not required to be in writing but it is highly recommended that employers require written waivers. A California court has held that employees may waive their first meal period for all workdays of 6 hours or less, in a single writing that is revocable at any time.
No. Employers cannot require that employees waive a meal period or retaliate against employees who decline to waive their meal periods.
Yes. An employee can revoke their waiver of a meal period.
Yes, a California court has held that employees may waive their first meal period for all workdays of 6 hours or less, in a single writing that is revocable at any time.