A recent California Court of Appeal decision in Bradsbery v. Vicar Operating, Inc. brings good news for employers: prospectively signed meal period waivers are enforceable—provided they meet specific legal requirements.
The case involved former employees who claimed they were denied proper meal breaks. Their employer pointed to signed waivers allowing employees to voluntarily skip meal breaks on shorter shifts. The court upheld these waivers, confirming that written, revocable agreements signed at the start of employment can be valid if not coercive or unconscionable.
What Should Employers Do Now?
To take advantage of this ruling and reduce legal risk, consider these four key steps:
- Use a standalone written waiver – Avoid burying waivers in handbooks or relying on verbal agreements.
- Cover both first and second meal periods – Prepare waivers for both scenarios if employees work over 10 hours.
- Clearly explain waiver rights – Ensure employees know they can revoke the waiver at any time.
- Avoid retaliation – Respect an employee’s right to opt out without penalty.
This decision offers a path to reduce exposure to costly meal period claims. Contact your legal counsel or HR advisor to review or implement compliant waiver forms.
