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Ca Meal Waiver FAQ

During a 6-hour shift in California, an employer must provide one rest break (10 min) and meal break (30 min). But the employee can choose not to take those breaks, if the choice is made freely without undue influence from the employer.

The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.

An employee and an employer may mutually agree that the employee will waive (or relinquish the right to) a meal break. California Labor Code § 512(a) .If an employee's shift is six hours or less, the meal period may be waived by mutual consent of the employer and employee.

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.

Unless your employer has agreed that you should have a longer break, you are entitled to a 20-minute unpaid break if you work for over 6 hours.

Ideally, according to the California Labor Law, for a 6 hour shift in California, an employer must provide one rest break of 10 minutes and one meal break of 30 minutes. However, employees can choose not to take those breaks if the choice is made independently without any force or influence from the employer.

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