Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly
Published: May 13, 2025
California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512 also provides that, for shifts between five (5) and six (6) hours, the first meal period “may be waived by mutual consent of both the employer and employee.” (§ 512(a).) Most Wage Orders issued by the Industrial Welfare Commission (IWC) similarly provide for meal periods and their waiver.