Q: Can a meal waiver be used for ALL shifts or only for the date that you sign it?

A: In California, meal period waivers are generally valid only for the specific shift or workday for which they are signed. Employers cannot require employees to sign a blanket waiver that covers all future shifts indefinitely.

According to the California Department of Industrial Relations:

1. If an employee works more than 5 hours in a day, they must be provided with a meal period of at least 30 minutes.

2. If the total work period is no more than 6 hours, the meal period may be waived by mutual consent of both the employer and the employee.

3. A second meal period of at least 30 minutes is required if an employee works more than 10 hours per day, 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.

Therefore, your boss's practice of having employees sign a one-time waiver upon employment that waives their right to meal periods for all future shifts is not in compliance with California labor law. Meal period waivers must be voluntary and agreed upon on a shift-by-shift basis, as was the case in your previous job.

If you believe your employer is violating California's meal period laws, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or consult with an employment attorney to discuss your options.

A: Many employers misuse the meal waiver. First, the waiver must be mutual, and forcing an employee to sign a meal waiver can invalidate it. Second, not all situations allow for a meal waiver. Third, the meal waiver is supposed to be on a shift basis. A blanket meal waiver will usually violate the Labor Code.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.