How Do Meal Break Waivers Work in California

California law requires a 30-minute unpaid, duty-free meal break after five hours, and a second after ten hours. The first break can be waived if the shift is six hours or less; the second only if the shift is 12 hours or less and the first was not waived. Waivers must be mutual, voluntary, and written. Violations trigger premium pay.

Summary:

• Breaks must be uninterrupted and duty-free.
• Employers must provide breaks; employees choose whether to take them.
• First meal break waiver: only if shift is 6 hours or less.
• Second meal break waiver: only if shift is 12 hours or less and first break was not waived.
• Waivers must be documented in a writing signed by the employee. It must state that the employee can revoke the waiver at any time.
• Failure to provide a compliant break requires one hour of premium pay per violation.