In California, employers are required to provide non-exempt employees with a meal break of at least 30 minutes for every five hours of work, unless the workday is no more than six hours and the employee and employer agree to waive the meal break. The waiver must be in writing and signed by both the employer and employee.
If the workday is more than six hours, an employee may waive their second meal break if the first meal break was not waived and the total workday is no more than 12 hours. Again, the waiver must be in writing and signed by both the employer and employee.
It's important to note that meal break waivers are strictly regulated by California law, and there are specific requirements that employers must follow to ensure that the waivers are valid. For example, the waiver must be voluntary, and the employee must have the opportunity to revoke the waiver at any time. If an employer fails to comply with these requirements, the waiver may be considered invalid, and the employer may be liable for meal break premium pay, which is an additional hour of pay at the employee's regular rate of pay for each day that a meal break is not provided.
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