MEAL BREAK WAIVERS
That meal break waiver you signed? Your employer broke the law by asking you to sign it.
Labor Code § 512 allows employees to waive their first meal period only under specific conditions: shifts of exactly six hours or less, and the waiver must be mutual and voluntary. The waiver cannot extend beyond six-hour shifts. Your employer cannot require meal waivers as a condition of employment or scheduling.
For shifts longer than 10 hours, a second meal period waiver requires the employee to have taken the first meal period and work no more than 12 hours total. Most meal waivers don’t meet these requirements. An invalid waiver doesn’t protect the employer—it creates evidence of a knowing Labor Code § 226.7 violation.
When employers present meal waivers to employees without explaining these limitations, the waiver becomes a compliance document that documents noncompliance. DLSE applies meal period premium penalties of one hour of pay for each workday a compliant meal period wasn’t provided. Invalid waivers compound exposure.
If your employer asked you to waive meal breaks without meeting Labor Code § 512’s requirements, consult with an employment attorney about potential claims.
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Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an employment attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com