Alex Can I waive my 30-minute break in California?
To officially waive a lunch break, both the employer and employee must agree, ideally, in writing. Once an employee works for five hours or more, they take a 30-minute unpaid meal break. The official waiver only applies if the employee’s work day is six hours or less.
Can employee waive 10 minute break in California?
Employees working 6 hours or less may waive their meal break by mutual consent of both employer and employee. Employees working more than 10 hours, but less than12 hours, in one shift can waive their second meal break provided they did not waive their first meal break.
Can a employee refuse to take a 30 minute lunch?
The employee says they do not want to waste 30 minutes of their time at lunch. They do not want to come in earlier, stay later or work the same schedule but be paid for 30 minutes less per day. My concern is not that the employee eat while working. I would be fine with this but CA law prohibits it.
Can a California employee waive their lunch break?
Yes, employees in California can officially waive their lunch breaks, but only if they work for less than six hours. Employees who choose to work through their lunch do so somewhat more unofficially. A recent California court decision changed the duty of employers to provide lunch breaks for a full day’s work.
What’s the maximum penalty for missing a meal period in California?
The California Court of Appeal has held, only a maximum of one meal period penalty plus one rest period penalty for any given workday would be due to an employee, regardless of how many meal periods or how many rest periods are missed.
When is a thirty minute meal period considered on duty?
Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an “on duty” meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay.
The employee says they do not want to waste 30 minutes of their time at lunch. They do not want to come in earlier, stay later or work the same schedule but be paid for 30 minutes less per day. My concern is not that the employee eat while working. I would be fine with this but CA law prohibits it.
Yes, employees in California can officially waive their lunch breaks, but only if they work for less than six hours. Employees who choose to work through their lunch do so somewhat more unofficially. A recent California court decision changed the duty of employers to provide lunch breaks for a full day’s work.
The California Court of Appeal has held, only a maximum of one meal period penalty plus one rest period penalty for any given workday would be due to an employee, regardless of how many meal periods or how many rest periods are missed.
Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an “on duty” meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay.