Long Beach California On Duty Meal Period Agreement

State:
California
City:
Long Beach
Control #:
CA-JM-0052
Format:
Word
Instant download

Description

Employers use this form if the employee cannot leave the premises during lunch breaks because of the nature of the employee's work. By entering into this Agreement, the one hour penalty for not having a duty-free lunch break does not need to be paid.

The Long Beach California On Duty Meal Period Agreement is a legal requirement implemented to ensure that employees are provided with appropriate meal breaks while on duty. This agreement is in compliance with the California Labor Code and California Industrial Welfare Commission Wage Orders. Under this agreement, employers in Long Beach, California are obligated to allow non-exempt employees to take an uninterrupted meal period of at least 30 minutes if they work more than five hours a day, excluding exceptions where the total work period per day is no more than six hours. This meal period must occur no later than the end of the employee's fifth hour of work. In cases where an employee's shift lasts for more than ten hours, a second meal period of at least 30 minutes must be provided, provided certain conditions are met. The second meal period should commence no later than the end of the employee's tenth hour of work. However, this second meal period may be waived if the total work period does not exceed 12 hours and the first meal period was not waived. It is crucial to mention that if an employer fails to provide a required meal period or if the meal period is interrupted, the employer must pay a premium of one additional hour of pay for each workday that a meal period violation occurs. It's important to note that "On Duty Meal Period Agreement" is a general term and does not have different types specific to Long Beach, California. However, variations of this agreement may exist in different industries, where certain exemptions or modifications apply. In conclusion, the Long Beach California On Duty Meal Period Agreement is a legal provision designed to protect the rights of employees by ensuring they receive appropriate meal breaks during their shifts. Compliance with this agreement is essential for employers in Long Beach, California to avoid any violations and potential legal consequences.

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FAQ

Under California's meal break law 2021, Employers must provide meal breaks but do not have to monitor if the employees are taking those breaks. Employers who fail to provide or deny a proper meal break to a non-exempt employee, the premium (penalty) owed is one hour of extra pay for each work day this violation occurs.

An employee can waive the second meal period only if all of the following conditions are met: The total hours worked on that workday are not more than 12. You and the employee mutually consent. The first meal break of the workday was not waived.

Can I waive my lunch break in California? Yes, you and your employer may mutually agree to waive your lunch break. In other words, you can relinquish your right to have a lunch break as long as your shift is six hours or less. Meal breaks can only be waived by mutual consent of the employee and employer.

Waiver of meal period Employees may waive their meal periods only when they will complete their workday in six hours. If employees work more than 10 hours in a day, they may waive their second meal periods only if they take their first meal periods and they do not work more than 12 hours that day.

Employees are protected by meal break laws in California. California employees who work over 5 hours in a day are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of their shift.

Meal Breaks California requires employers to provide a 30-minute meal break once the employee has worked five hours. An employer does not have to pay for this time; in other words, meal breaks are unpaid.

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.

WHAT IS THE GENERAL RULE ON MEAL PERIODS? As a general rule, every employer is required to give his employees, regardless of sex, not less than one (1) hour (or 60 minutes) time-off for regular meals.

Under California law, all non-exempt employees must receive an unpaid, 30-minute lunch or meal break if they work more than 5 hours in a day. The meal break must begin before the end of the fifth hour of the workday. Employees who work more than ten (10) hours during a day are entitled to a second 30-minute meal break.

Employees must be allowed a meal period when they work more than five hours in a shift. A meal period must be at least 30 minutes long and start between the second and fifth hour of the shift.

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Long Beach California On Duty Meal Period Agreement