If you work more than 10 but no more than 12 hours, which meal break can be waived?

• A. The first meal break
• B. The second meal break
• C. Neither break
• D. Both breaks

Answer: (B)

In California, the second meal break is the one that can be waived when the workday is more than 10 hours but no more than 12 hours, and only with mutual consent between the employer and the employee. The first meal break remains required for shifts over 5 hours, so it cannot be waived in this range. So, if you’re working a day that lasts between 10 and 12 hours, you may waive the second 30-minute meal break (assuming both sides agree), while still having the first meal break. If the shift went beyond 12 hours, the second meal break would generally be required again. This is why the correct option is that the second meal break can be waived.