Your site says it’s fine for me to waive my lunch when working 6 hours straight (doesn’t even need to be in writing) but how many can I waive in a row? Can I let them and have them set my schedule for the week or month if they are fine with it? Or do I have to verbally waive my right each day?
Hi Patrick,
Thank you for your question. I will assume all the shifts you mentioned are only six hours. The right to meal breaks is provided by Labor Code section 512. That section states, among other things:
[I]f the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.
There is no additional language restricting this type of mutual consent. So, presumably, a non-exempt employee working only six-hour shifts could waive their right to their meal break indefinitely.
There does not appear to be any limit on the number of meal breaks you can waive in a row. It also seems likely that you could waive your right meal break rights in advance of your schedule. That waiver would have to be mutual though, so an employer could decide to reject the employee’s request to skip their meal breaks.
I’m using the word “likely” hear because I haven’t found any court opinions directly addressing this issue. So it’s possible courts in the future might disagree with my interpretation or construe a “waiver” for these purposes as truly voluntary only if it occurs after the employee has been offered the meal break on the schedule.
I can imagine a situation where scheduling a shift with no meal break, based on a past waiver, would be interpreted as improperly pressuring or encouraging the employee to voluntarily waive their meal. That interpretation, however, seems unlikely since the actual text of the law places no restrictions on the form or nature of the employee’s meal break waiver in a six-hour shift.
Finally, it is worth noting that there are some additional requirements depending on your industry, your employer’s policies, and other factors. Employees in the health care industry, for example, might be required put their waiver in writing. (Cal. Code Regs., tit. 8, §§ 11040, 11050.) And employees in unions may be subject to different rules altogether. (Cal. Code Regs., tit. 8, § 11160.)
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!