| A recent California Court of Appeal decision offers critical clarification on meal break compliance that could significantly affect employment practices. For years, employers have faced uncertainty over whether employees can sign advance written waivers of meal periods, increasing compliance challenges and litigation risk. This new ruling addresses the validity of “prospective” meal waivers, giving employers a clearer compliance path and reduced legal exposure.
La Kimba Bradsbery et al. v. Vicar Operating, Inc. involved former employees who filed a class action claiming the employer violated California’s meal break laws. The central issue was whether employees could sign advance written waivers of their 30-minute meal periods for shifts between 5–6 hours. Plaintiffs argued this allowed employers to skirt California’s strict meal break rules and pressured employees to forgo protected break time.
The Ruling: Both the Los Angeles Superior Court and the California Court of Appeal ruled for the employer, holding that advance, revocable meal waivers are valid under Labor Code Section 512 and applicable wage orders, provided they are not unconscionable or coercive.
Impact and Employer Guidance
Key takeaway: properly drafted, revocable meal waivers signed in advance are enforceable. Employers are not required to get renewed consent each shift. Waivers should:
- Be standalone written documents (not part of handbooks)
- Clearly state they are voluntary
- Explain how to revoke at any time
- Include acknowledgment of no coercion
Employers should keep records of all waiver offers—including those declined—with dates and employee responses. This ruling only applies to shifts of 5–6 hours. Waivers are generally not allowed for shifts over 6 hours.
Bottom Line: With meal break violations carrying automatic penalties and frequently triggering class action or PAGA claims, this ruling is vital for risk management. While it offers more flexibility, the safest practice remains providing meal periods whenever feasible. |
