In a noteworthy win for California employers, the Court of Appeal has confirmed that prospective meal period waivers are enforceable under state law—as long as specific legal safeguards are in place. The decision, handed down on April 21, 2025, in Bradsbery v. Vicar Operating, Inc., offers long-awaited clarity on how employers can lawfully manage meal break compliance for non-exempt employees working shorter shifts.
Background: Meal Breaks Under California Law
California law requires employers to provide a 30-minute, duty-free meal period to non-exempt employees who work more than five hours in a day. If an employee is not provided with a compliant break, the employer is on the hook for one hour of premium pay for each violation.
However, employees may voluntarily waive the meal period if their shift is six hours or less. The question in Bradsbery was whether these waivers could be signed in advance, or whether they had to be executed on a per-shift basis.
The Case: Bradsbery v. Vicar Operating, Inc.
In Bradsbery, employees filed a class action claiming they were denied meal periods during shifts lasting five to six hours. The employer defended itself by producing written meal period waivers, signed by employees, stating they voluntarily waived their break rights for shifts of six hours or less.
Employees challenged the enforceability of these waivers, arguing they were invalid because they weren’t signed on a per-shift basis. The Court of Appeal rejected that argument and held that prospective meal period waivers are valid, so long as the following conditions are met:
- The waiver is voluntary
- The waiver can be revoked at any time
- The waiver is not coercive, deceptive, or unconscionable
Key Takeaways for Employers
The Bradsbery decision gives employers more certainty in managing meal period compliance—but it also raises the bar on how waivers should be implemented. Here are some best practices to consider:
- Use a Standalone Waiver Form
Avoid burying meal waivers in an employee handbook or relying upon verbal agreements. A separate document helps ensure clarity and reinforces that signing is not mandatory.
- Be Clear and Transparent
Waivers should explicitly state:- That signing is voluntary
- That the waiver only applies to shifts of 6 hours or fewer
- That the waiver can be revoked at any time in writing, and explain how to do so
- Who employees should contact with questions
- That there will be no retaliation for choosing not to sign or later revoking the waiver
- Train Your Supervisors
Supervisors must understand that revoking a waiver is a protected right under California law. Any pressure, interference, or retaliation could expose the company to liability.
- Consider Second Meal Break Waivers
If employees work shifts over 10 but under 12 hours, and they’ve taken a compliant first meal break, they may waive the second. Use a separate waiver—or at least a separate signature—for clarity and compliance.
Final Thoughts
While Bradsbery gives employers a useful tool to manage compliance, it doesn’t eliminate risk. Poorly drafted or improperly implemented waivers could still result in liability. Employers should review their current meal period waiver practices, ensure they’re consistent with the court’s guidance, and consult with legal counsel if needed.