On-Duty Meal Period Agreement
(CA)

Summary

This template provides a sample agreement that private employers may enter into with their employees to allow for an on-duty meal period. Under the Industrial Welfare Commission Wage Orders (Wage Orders), employers may avoid paying the one-hour meal period premium for an employee who works through a meal period if the employer and the employee enter into a written agreement—such as this—to take an on-duty meal period. The template language complies with California and federal law. It contains drafting notes that address issues under California law. For more information regarding meal period requirements under California law, see Wage and Hour (CA) — Meal Periods and California's Meal and Rest Period Rules §§ 2.1–2.10. For an explanation of meal period requirements under the federal Fair Labor Standards Act, see Compensable Time (FLSA). For an annotated California meal and rest break policy, see Meal and Rest Break Policy (CA). For an annotated California meal period waiver agreement, see Meal Break Waiver Form (CA). For a discussion of the California Court of Appeals ruling in Bradsbery v. Vicar Operating, Inc. that meal period waivers prospectively signed by non-exempt employees are enforceable if certain criteria are met, see California Court Holds that Prospectively Signed Meal Period Waivers Are Enforceable: 4 Steps You Can Take to Maximize Your Defenses.