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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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We are a health care facility in California. Our staff works

Resolved Question:

We are a health care facility in California. Our staff works 12 hours shifts. Do we have to give them 2 lunch breaks, in addition to 2 -15 minute breaks . Or can we ask them to sign a waiver for the second lunch break
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
"Staff" can mean a lot of things.

Are you speaking of professional staff (physicians, nurses, etc.), or nonprofessionals (cooks, maintenance, accounting, security, orderlies, etc.)?

Thanks.
Customer: replied 6 years ago.
We are talking agout nursing staff, and respiratory therapists who are employed by the nursing home.
Expert:  socrateaser replied 6 years ago.
Under IWC Order 4-2001(11)(D):

  • "...employees in the health care industry who work shifts in excess of eight (8) total hours in a workday may voluntarily waive their right to one of their two meal periods. In order to be valid, any such waiver must be documented in a written agreement that is voluntarily signed by both the employee and the employer. The employee may revoke the waiver at any time by providing the employer at least one (1) day’s written notice. The employee shall be fully compensated for all working time, including any on-the-job meal period, while such a waiver is in effect."

So, the answer is "yes," the employee can waive one meal period if it is agreed to by the employee in writing.

Re the rest period, the employees are entitled to one 10-minute rest period for each 4 hours of work -- no exceptions. IWC 4-2001(12).

Hope this helps.

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