The employee is paid for any meal period in which the employee is not relieved of all duty.The employee has an opportunity to consume food during shifts of six hours or longer.The employer retains a copy of the meal waiver for six months after the employee separates from employment.The request to waive the meal period is in writing on a form.(For newly hired employees, the request to waive the meal period may not be made until the employee has worked for the employer at least seven days.) The employee voluntarily requests to waive the meal period.The employee is at least 18 years of age. The employee is employed to serve food or beverages, and receives and reports tips to the employer.The employee is a tipped food and beverage server who has voluntarily waived their meal period under the following conditions:. Notice to Employees Regarding Meal and Rest Periods, also available in Spanish. In addition, the employer must give notice to each employee affected by the undue hardship provision on a form prescribed by BOLI and maintain a copy of the notice for the duration of the employee’s employment and for at least six months after the termination date of the employee. When an employer can demonstrate that providing an employee a meal period would impose an undue hardship on the operation of the business and does not provide the full 30-minute meal period, employees must still be provided with adequate time to consume a meal, rest and use the restroom, and must be paid for this time, in addition to being provided all rest periods required by law for the number of hours worked in any given shift.
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