On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced.
The case, La Kimba Bradsbery et al. v. Vicar Operating, Inc., involved class claims based on alleged violations of the meal period provisions in the California Labor Code § 512 and the applicable Industrial Welfare Commission (IWC) Wage Orders, among other alleged violations. The employer asserted that employees voluntarily signed written agreements prospectively waiving their meal periods for work shifts lasting between five and six hours, as permitted by the relevant meal period provisions. The plaintiffs claimed those provisions do not allow for prospective meal period waivers which would undercut employee protections and the purpose of the meal period statute. The trial court determined that the waivers were valid and the plaintiffs appealed.
On appeal, the appellate court was tasked with (1) interpreting the phrase “waived by mutual consent” of the employer and employee, as used in the relevant portions of Labor Code § 512 and the IWC Wage Orders, and (2) determining whether the phrase prohibited the prospective written meal period waivers at issue in the case. The written waivers read as follows:
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 appellate court found the waivers were both revocable and voluntary, with no evidence of coercion or unfair bargaining power. And it held that prospective waivers under those circumstances are consistent with the statute's language and purpose, and do not violate public policy because there is no indication of unconscionability.
The decision does not address the validity of oral meal period waivers or the fact that employees may waive their second meal period if they work less than 12 hours and they took a compliant first meal period.
Nonetheless, the decision offers clear guidance on how employers can confidently offer and rely on written agreements with employees concerning their waiver of future meal periods, as authorized by statute. Specifically, meal period waivers should:
- Be in writing;
- Be a standalone document, not incorporated in an employee handbook;
- State that the waiver is completely voluntary;
- State that the waiver is revocable at any time and how the employee may effectively revoke the waiver;
- Include a provision stating that, by signing the waiver, the employee acknowledges that they did so voluntarily, without pressure or coercion by the company; and,
- Only be relied on by the employer if signed by the employee.
It is advisable for employers to retain copies of all meal period waivers presented to, but not signed by, employees. Employers should note on those waivers the date it was presented to the employees and the fact that they elected to not sign—to not waive—the subject meal periods. Similarly, employers should retain records of any revocations of a prior meal period waiver. Such records would counter a plaintiff’s claim that the employer unlawfully forced employees to sign the waivers.
Lastly, employers should ensure that their meal period waivers are reviewed and approved by experienced labor attorneys to ensure that they comply with the IWC Wage Order(s) applicable to the workforce(s) at issue.
