In a recent case, a California Court of Appeal handed employers a rare win, finding nonexempt employees’ written prospective meal waivers — meaning employees signed meal waivers effective in the future — were valid and enforceable in the absence of any evidence that the waivers were coercive or unconscionable (Bradsbery v. Vicar Operating, Inc., No. B322799, (Cal. Ct. App. Apr. 21, 2025)).
In this case, La Kimba Brandsbery and Cheri Brakensiek worked as veterinary technicians for Vicar, which operates a network of veterinary hospitals. They brought a class action lawsuit against their former employer, alleging, among other things, that the employer failed to provide meal periods as required by Labor Code section 512 and Industrial Welfare Commission (IWC) Wage Orders 4 and 5.
Under California law, employers cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes, except if the total work period is no more than six hours, then the meal period “may be waived by mutual consent of both the employer and employee.”
Vicar argued that the employees signed valid written agreements that prospectively waived all waivable meal periods. The meal period waivers in question stated the following:
“I hereby voluntarily waive my right to a meal break when my shift is 6 hours or less. I understand that I am entitled to take an unpaid 30-minute meal break within my first five hours of work; however, I am voluntarily waiving that meal break. I understand that I can revoke this waiver at any time by giving written revocation to my manager.“
The plaintiffs argued that prospective meal period waivers permit employers to circumvent meal break requirements and deny employees a meaningful opportunity to exercise their right to meal breaks.
The trial court concluded that the prospective meal break waivers were enforceable and granted Vicar’s motion for summary adjudication. It determined that the plain language of section 512 and the applicable IWC Wage Orders permit prospective waivers.
After analyzing the Labor Code, IWC Wage Orders and relevant California Supreme Court precedent, the Court of Appeal agreed with the trial court’s determination that prospective written waivers of meal periods for shifts between five and six hours are valid under the Labor Code and the applicable IWC Wage Orders — at least under the circumstances presented in this case.
The court noted that the written waiver was entered by mutual consent, and the employee could revoke it at any time. Additionally, the Court of Appeal found no evidence that the waivers were unconscionable (so unfair in its terms and how it was presented to employees as to make it unenforceable) or that they had the effect of discouraging workers from taking meal periods to which they are entitled.
The employees didn’t argue that they unknowingly signed the waivers, that Vicar coerced them into signing the waivers or that the waivers could not be freely revoked at any time. Importantly, the court noted “[w]e would have serious reservations regarding the validity of prospective waivers of meal period under such circumstances.”
This case is a win for employers, providing guidance on the use of prospective meal period waivers. Though the Labor Code and applicable Wage Orders in this case don’t require the meal period waiver to be in writing, the best practice, which was upheld in this case, is to use written waivers. Employers should clearly inform employees when presenting a meal period waiver, ensuring the language is clear and easy to understand, including language explaining how employees can revoke the waiver. Employers shouldn’t pressure or force employees to sign waivers as they are only enforceable when entered by mutual consent.
Employers should note that this case was limited to the first meal period waiver under Labor Code section 512 and IWC Wage Orders 4 and 5. Meal period requirements, however, may vary by industry and the applicable Wage Orders. Employers should consult with legal counsel if considering the use of prospective meal waivers to help ensure compliance.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber
CalChamber members can use the Meal Break Waiver — Employee Shift 6 Hours or Less (and Spanish) when a nonexempt worker will work a shift of six hours or less and both the employer and the worker wish to waive the required 30-minute meal break. Not a member? See how CalChamber can help you.
