Legal Question in Employment Law in California

I am an employee in California. Can I waive my right to a meal period. I don't need a meal period. I want to finish my work and go home.


Asked on 3/20/13, 8:14 pm

3 Answers from Attorneys

Robert Kubler The Kubler Law Firm

Yeah you don't have to take one you're only entitled to a meal period. But your boss is not a fool. They would be risking a wage and hour lawsuit if they let you work through lunch. He can make you stop and go off the clock regardless if you want to eat or not.

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Answered on 3/20/13, 8:43 pm

Mr. Kubler is correct. Your employer is not obligated to force you to take the break, but they can force you to if they want to. Most employers are not willing to go to the trouble of documenting a willing and knowing waiver of the meal period to avoid being sued; so they make the employee's take them.

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Answered on 3/20/13, 9:01 pm
Terry A. Nelson Nelson & Lawless

No. Breaks are required, may not be waived, and the company must insure you are given them and that you take them. Failure to do so could cost them penalties.

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Answered on 3/22/13, 5:23 pm


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