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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.
As noted above, any failure by an employer to provide a required meal or rest break results in an obligation by the employer to pay one additional hour at the employee's regular rate per work day for a missed or late meal break and an additional hour per day for a missed rest break.
Under California Labor Code, employees who work more than five hours in a workday are entitled to a 30-minute meal break. However, employees have a right to waive their lunch break as long as they work no more than six hours in a shift.
Employees can waive their meal break requirement if both they and their employer agree. Employees cannot waive rest break requirements. Employers may file a Variance Application (F700-089-000) to modify rest and meal break requirements.
It is not required for employers to pay their employees during meal breaks. Some employees may therefore wish to work through lunch and go home early. However, according to California break laws, employees that work six or more hours are required to take meal breaks, regardless of whether they are paid.
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Workers have a right to at least a 30-minute meal break for each 6 hours worked in a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace. This break may be unpaid.
From Boston.com: \u201cMassachusetts does not require employers to offer rest breaks other than the 30-minute lunch break\u2026 There is no federal law which requires an employer to provide rest breaks\u2026 Some bargaining agreements may require breaks during the work day.\u201d
How many breaks should I get? You have a right to: A 15 minute break when you have worked more than 4 ½ hours. A 30 minute break when you have worked more than 6 hours, which can include the first 15-minute break.
Meal Break Rights Most employees in California (including most employees subject to wage and hour exceptions) are entitled to an unpaid, 30-minute meal break if they work more than 5 hours in a day.\u206012 A second meal break is required if employees work more than 10 hours in a day.\u206013.
Employees working over 6 hours a day have the right to at least a 20-minute break. While this is the legal minimum requirement, you're allowed to offer longer or more frequent rest periods. It can be worthwhile including your staff's rights to breaks within your employment contract to avoid confusion.

sample meal break waiver form massachusetts