In the California Court of Appeal case Bradsbery v. Vicar Operating, Inc., the court addressed whether employers can enforce prospective, written waivers of meal periods for shifts lasting between five and six hours.​

Under California Labor Code § 512(a), employees are entitled to a 30-minute meal break after five hours of work. However, for shifts between five and six hours, this meal period can be waived by mutual consent of both employer and employee.​ 

Plaintiffs, former employees of Vicar Operating, Inc., filed a class action alleging that Vicar failed to provide mandated meal periods. Vicar contended that the plaintiffs had signed valid, written waivers agreeing to forgo meal breaks for shifts between five and six hours. These waivers were revocable at any time by the employees.​ 

The Court of Appeal affirmed the trial court’s ruling, holding that such prospective, written waivers are enforceable, provided they are: 

• Voluntarily signed by the employee. 

• Revocable at any time. 

• Not unconscionable or obtained through coercion.​ 

This decision clarifies that employers may utilize prospective, written meal period waivers for qualifying shifts, reinforcing the importance of clear, voluntary agreements that respect employee rights.​ 

Practical Takeaway for Employers: 

Employers should ensure that any meal period waiver agreements:​ 

• Are clearly written and voluntarily signed. 

• Include provisions allowing employees to revoke the waiver at any time. 

• Are free from any form of coercion or undue pressure.​ 

By adhering to these guidelines, employers can maintain compliance with California labor laws while providing flexibility for both management and staff.