A recent California Court of Appeal decision confirms that prospective meal period waivers are enforceable, so long as they are voluntary, revocable, and not unconscionable.
In La Kimba Bradsbery et al. v. Vicar Operating, Inc., 110 Cal.App.5th (2025), employees brought a class action alleging that their employer had failed to provide meal periods as required by law. They argued that meal period waivers could only be agreed to on a shift-by-shift basis, not in advance. The trial court upheld the waivers, and the employees appealed.
The Court of Appeal affirmed the trial court’s decision, holding that blanket meal period waivers for shifts of six (6) hours or less are valid under California Labor Code § 512(a) and the applicable Industrial Welfare Commission Wage Orders, both of which state that “the meal period may be waived by mutual consent of the employer and employee.”
The employees contended that because the law did not expressly authorize “blanket” waivers, such agreements should not be upheld. The Court rejected this argument, finding no statutory or regulatory language prohibiting such waivers.
Because the waivers in this case were voluntary, revocable at any time, and free of coercion or unfairness, the Court concluded that the employees had lawfully waived their right to a meal period for shifts under six (6) hours and were therefore not entitled to premium pay for missed meal periods.
Employees should remember that they cannot be required to waive meal periods, and employers may not retaliate against them for refusing to sign or for revoking a waiver.
Employers, in turn, may rely on properly drafted meal period waivers, provided that the waiver is mutual and voluntary, it may be revoked at any time, and the employer does not retaliate against an employee who chooses not to waive their meal period.
Click here to read the California Court of Appeal’s decision in La Kimba Bradsbery et al. v. Vicar Operating, Inc.
If you have questions about meal period waivers, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.