Court says employers can ask workers to waive meal periods in advance
The waiver must be freely agreed to by the employee, who can revoke it at any time.
Nonexempt California employees (that is, employees eligible for overtime pay) generally are entitled to an unpaid 30-minute meal period for shifts longer than five hours. Under Labor Code section 512(a), the meal period “may be waived by mutual consent of both the employer and employee” for shifts lasting more than five hours but less than six hours. California Industrial Welfare Commission (IWC) wage orders, which have the force of law, have almost identical language. The California Division of Labor Standards Enforcement has posted guidance about these and other meal period basics.
Click here to read the full article written by SCMV Shareholder Dan Eaton and published in The San Diego Union-Tribune.