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When are meal breaks required with/without waivers? (California Only)
When are meal breaks required with/without waivers? (California Only)

Understanding California meal break requirements

Emma Gordon avatar
Written by Emma Gordon
Updated over a year ago

(Sample Meal Waiver and references linked below)

In general, employees must be provided with a duty free meal break before the end of each 5 hour interval worked.

  • (<10 hours) Without a waiver on file, employees must start a 30 minute meal break before the end of the 5th hour of work (4:59).

  • (0-6 hours) With a waiver on file and a shift 6:00 hours or less, the employee can skip the meal break.

  • (10+ hours) Without a waiver on file and a shift equal to or greater than 10:00 hours, employees must start a second 30 minute meal break before the end of the 10th hour of work (9:59).

  • (10<15 hours) With a waiver on file and a shift 10:00 to 14:59 hours (or 11:59 for workers outside the healthcare industry), the employee can skip the second break only if the first break was not skipped. The first break should start before the end of the 5th hour of work (4:59). For customers not in the healthcare industry, only the second meal break may be skipped.

  • (15+ hours) If a shift extends to 15:00 or more with a signed waiver on file, only one meal break is permitted to be waived and the third meal break must be started before the end of the 15th hour of work (14:59).

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