Meal Period Waivers in California: A Win for Employers-If Done Right |
A recent California Court of Appeal case (Bradsbery v. Vicar Operating, Inc.) gave employers a bit of good news: meal period waivers that are signed in advance—if done correctly—can be enforceable. In this case, the employer had employees sign a one-time waiver stating they agreed to skip a meal period on shorter shifts (6 hours or less). The employees later claimed this wasn’t valid, but the court ruled in the employer’s favor. This decision clarifies a gray area: employers can use one-time, prospective waivers as long as they’re written, revocable, and not coercive. That said, this doesn’t mean any old waiver will hold up. It has to meet specific criteria and be communicated clearly. If your team occasionally skips a meal break on shorter shifts, this might be a good time to revisit your documentation. Some quick best practices: use a standalone, signed waiver (not buried in a handbook), explain it clearly to employees (including how to revoke it), and make sure managers know not to pressure anyone to sign—or treat them differently if they don’t. Meal period rules can get tricky fast, and they vary by industry. If you’d like help reviewing your current process or crafting a compliant waiver, we’re always happy to help you sort through it. Better to be proactive than surprised! For additional information, please call our our office at (714) 799-1115 |