California workers are typically entitled to meal breaks during their shifts exceeding 5 hours, but you may not be getting a meal break for shifts that are over five hours but less than six if you signed a prospective meal break waiver when you were hired.
What Is a Prospective Meal Break Waiver?
A prospective meal break waiver is a document that memorializes an employer and employee’s agreement to waive the employee’s right to a meal period in advance. Under California law, certain workers are entitled to a 30-minute meal break if they work more than five hours in a day. However, if an employee’s work shift is six hours or less, they may waive this meal period by mutual agreement with their employer.
Similarly, most employees working more than 10 hours in a day are entitled to a second meal period, which may be waived if:
– The total hours worked is no more than 12 hours
– The first meal period wasn’t waived
– There is mutual agreement between employer and employee
One Potential Problem: Hidden in New Hire Paperwork
Some workers may not realize they’ve signed a meal break waiver because it’s often buried within the stack of documents presented during onboarding. You may have checked a box or signed a form without understanding that you were giving up your right to take meal breaks and were simply scheduled for 6-hour shifts without those meal breaks.
California Court Has Upheld Prospective Waivers
A California appellate court has confirmed that employers can use prospective meal break waivers, meaning you can agree in advance to waive meal periods rather than having to sign a new waiver or otherwise agree each time. However, this doesn’t mean all such waivers are valid or that you’re permanently bound by them.
When a Prospective Meal Break Waiver May Be Invalid or Voidable
Your meal break waiver may be invalid or voidable under several circumstances:
1. If it’s unconscionable
2. If it discourages taking entitled breaks
3. If you signed unknowingly
4. If you were coerced
5. If you cannot freely revoke it
Rights Regarding Meal Break Waivers
Typically, California workers:
– Can refuse to sign a meal break waiver
– Can revoke a previously signed waiver at any time
– Cannot be retaliated against for refusing to sign or for revoking a waiver
– If you work in an industry with special protections (like healthcare), additional rules may apply
What to Do If You Think Your Rights Have Been Violated
If you believe your employer is improperly enforcing meal break waivers or violating California labor laws, you may want to consider:
1. Documenting all instances when you’ve been denied proper meal breaks
2. Keeping copies of any waiver forms you signed
3. Noting any occasions when you attempted to revoke a waiver but were prevented from doing so
4. Memorializing any comments from supervisors suggesting you shouldn’t take breaks, noting dates, participants, and context of the communication
5. Consulting with an experienced employment attorney who represents employees in wage and hour claims
An Extra Hour of Pay
Employers who violate California’s meal break provisions must pay affected employees one additional hour of pay at the employee’s regular rate for each workday that a timely meal period is not provided in compliance with the law.
Protect Your Rights
Many California workers may not be aware of their meal break rights or don’t realize they’ve signed a waiver. If you work shifts between 5 and six hours, you’re may be entitled to meal breaks unless you’ve knowingly and voluntarily waived them – and even then, you maintain the right to revoke that waiver.
If you believe your employer has improperly implemented meal break waivers or violated your rights to meal periods, contact our employment law firm today for a confidential consultation. We are experienced in helping California workers recover compensation for wage and hour violations, including meal break violations.
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This blog post is intended as general information and not as legal advice for any specific situation. Every case is unique and requires individual analysis by a qualified attorney.