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Employees may voluntarily elect to skip their break, but if the company forces the worker to skip the break, that employee is owed one additional hour of premium pay as a penalty. Branigan made the below whiteboard video to explain CAs rest break law to non-lawyers.
California Rules for Skipping Meal Breaks You may legally waive your meal break if you work more than six hours. But you and your employer must agree to it beforehand, preferably in writing. These on-duty paid periods often occur when the type of work you perform prevents you from leaving your workstation.
Second 30-Minute Meal Break 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; and. The first meal break of the workday was not waived.
Under the California lunch break law, you can skip meal periods without causing legal issues for your employer, as long as it was your voluntary decision to do so.
I give my consent that I may waive my 30-minute unpaid meal break only when my work and/or scheduled shift will be completed in 6 hours or less in one workday. I understand that if my shift exceeds 6 hours, I am required to take an unpaid meal break of at least 30 minutes.
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Can employees have the option of either having meal break or leaving work earlier at the end of a shift? As discussed above, employees may waive their rights to a meal period under Section 162 only if the requirements of the waiver set forth by New York courts are met.
California Rules for Skipping Meal Breaks You may legally waive your meal break if you work more than six hours. But you and your employer must agree to it beforehand, preferably in writing. These on-duty paid periods often occur when the type of work you perform prevents you from leaving your workstation.
I understand under California Labor Law, after a work period of 5 hours, I am entitled to receive an unpaid meal break of not less than 30 minutes. I give my consent to waive my 30 minute unpaid meal break only when my work and/or scheduled shift will be completed in 6 hours or less in one workday.
Second 30-Minute Meal Break 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; and. The first meal break of the workday was not waived.

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