![]() If the employee’s shift is greater than ten hours, but will not exceed 12 hours, they can waive their right to a second meal break as long as they take the first meal break.Īn employee cannot waive both breaks in one workday. Waivers for meal breaks do not need to be in writing, but both parties must consent to the waiver. Waiving Your Right to a Meal BreakĪn employee working six hours or less in one shift may waive their right to a meal break. The number of breaks an employee is entitled to receive depends on the hours worked, not the hours the employee was scheduled.įor example, if an employee is scheduled for a ten-hour shift, but only works a three-hour shift, the employer does not have to provide a meal break. The employer must provide a second break no later than the end of the tenth work hour. their meal break would look like the following: Time WorkedĪn employee working more than ten hours in one shift is entitled to a second 30-minute meal break. For example, if an employee’s shift begins at 8 a.m. The employer must provide the meal break no later than the end of the fifth work hour. Number and Timing of Meal BreaksĪ nonexempt employee working more than five hours in one shift is entitled to one meal period lasting at least 30 minutes. create a culture that encourages skipping breaks.Įmployers must put up meal breaks, but do not have to ensure employees take those breaks.discourage or impede employees from taking meals.permit a reasonable opportunity to take an uninterrupted 30-minute meal break and.relinquish control of the employee’s activities.To provide a lawful meal break, an employer must: Employees are not required to eat during this time. Get a Consultation From a California Employment Lawyer What Are Meal Breaks Under California Law?Ī meal break is an unpaid, uninterrupted period of 30 minutes provided to employees to spend on personal business such as errands, meals, or anything they choose.
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