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CA labor law sec. 512 California

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  • CA labor law sec. 512 California

    in this section it says:
    An employer may not employ an employee for a work period of
    more than 10 hours per day without providing the employee with a
    second meal period of not less than 30 minutes, except that if the
    total hours worked is no more than 12 hours, the second meal period
    may be waived by mutual consent of the employer and the employee only
    if the first meal period was not waived.

    Does this mean that you can waive the first lunch if you take the second one?

  • #2
    Read it again. It clearly says the SECOND meal period can be waived. It doesn't say the FIRST one can be waived.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      i read it

      employee only if the first meal period was not waived.

      Only if the first period was not waived. this suggests you can in fact waive the first doesnt it?

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      • #4
        The first one can ONLY be waived under specific circumstances. See here, specifically the second paragraph.
        http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          However, depending on the type of job, there is wording in some of the wage orders that indicates either one of the two can be waived. From wage order 5: "employees in the health care industry who work shifts in excess of 8 total hours in a workday may voluntarily waive their right to one of their two meal periods." http://www.dir.ca.gov/IWC/IWCArticle5.pdf

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