Hello y’all. I am a W-2 delivery driver in California, and my shift played out in a way today where a 30 minute break didn’t make sense for being able to return to my depot and deliver a last batch of orders before our online menu cutoff. I asked my supervisor how they wanted to play the situation, ie whether I should simply return to the depot and end my shift early. They recommended to return and that they’d waive my meal break.
My understanding of California labor law is that if I work past five hours without an unpaid 30 minute break, my employer owes me one hour of compensation. So I was cool with working sans break.
When I returned to my depot, my supervisor presented me with a meal waiver form, in which I would acknowledge that I am entitled to a 30 minute unpaid break after five hours of work and that I may only waive my break if my total hours worked will be under six hours, after which I am required by my employer to take a break. This is significant because I cross my five hours of labor at 9:15 PM, but will be clocked out before 10:15 PM.
So, as far as I can tell, my employer is seeking for me as an employee to claim the legal burden of not taking a meal break and absolve them of responsibility for the additional compensation. My plan is to tell them to, respectfully, pound sand. Not sign the waiver and take it up with my general manager, and my intention is to email him this evening to affirm that I am entitled to the extra hour of compensation for my work today.
Am I missing anything here? Thank you! And for reference:
“If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each workday that the meal period is not provided.”
California Code of Regulations, Title 8, $11040.