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Can you waive second meal period California?

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.

What if an employee refuses to take a meal break in California?

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.

What does meal waiver mean?

Typically, meal waivers are written agreements signed by both employee and employer that state the employee agrees to waive their right to a mandatory meal period if the length of their shift qualifies them to do so. Mutual Consent Best Practices: Meal Waivers.

How does the Ca meal waiver work?

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.

What is a meal period waiver?

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual ...

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