By Jaimee K. Wellerstein, Esq.
On April 21, 2025, in La Kimba Bradsbery et al. v. Vicar Operating, Inc., the California Court of Appeal held that prospective, written meal period waivers are valid, as long as they are revocable and not coerced.
In the underlying lawsuit, two former employees brought a class action alleging that the employer failed to provide compliant meal periods as required under California Labor Code Section 512 and the California wage orders. The employer had a practice of obtaining voluntary written agreements prospectively waiving the employees’ 30-minute meal period on shifts lasting between five and six hours. The revocable, signed waivers 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.
At trial, the Plaintiffs claimed that prospective meal period waivers were not permissible under relevant law. The trial court determined that the waivers were valid and the language was not unconscionable, and ruled for the employer. Plaintiffs appealed.
The Court of Appeal rejected the employees’ argument that these waivers undermine the statutory protection of employee rights, finding no evidence that the waivers were unconscionable, coercive, or involuntarily signed, nor that they impeded the employees from taking meal periods. The waivers were clear, revocable, and voluntarily signed, which the Court concluded was consistent with the Labor Code and the applicable Wage Orders.
This decision offers important guidance for employers who want to utilize written meal period waivers. Specifically, meal period waivers should be:
- Written;
- Voluntary;
- Revocable; and
- Signed by the employee.
Employers should note that this decision does not address the validity of oral meal period waivers or the waiver of an employee’s second meal period when they work less than 12 hours and took a compliant first meal period. Additionally, this decision specifically only addresses meal period waivers, and not paid on duty meal periods, when an employee is required work during their break due to the nature of their duties.
Employer Takeaway
This decision provides a clear, manageable way for employers to lawfully use prospective, written, revocable, signed meal period waivers for employees working shifts of five to six hours. In addition to following the Court’s guidance, employers should ensure that their waivers are neither unconscionable nor a means to prevent employees from taking their meal periods.
If you have any questions about how this new law may affect your business or need assistance preparing compliant policies or revising your practices or policies, please contact your attorneys at Bradley, Gmelich + Wellerstein LLP. We are here to help.
About the Author
Jaimee K. Wellerstein, Esq. is a Partner and the firm’s Employment Team Head. Representing employers in all aspects of employment law, Ms. Wellerstein collaborates with her clients to develop proactive business and legal strategies to try to avoid workplace conflict and employment disputes. She provides legal advice and counsel to numerous businesses, including conducting individualized training programs for both management and employees. Ms. Wellerstein performs internal audits of her client’s employment practices to ensure compliance with the rapidly-changing world of employment laws and guides investigations of employee allegations regarding harassment, discrimination, and employee misconduct.
When litigation is unavoidable, Jaimee K. Wellerstein aggressively defends her clients against employment law claims in the state and federal courts, as well as at administrative hearings, arbitrations, and mediations. Having defended numerous representative and individual lawsuits on behalf of her clients, Ms. Wellerstein is a skilled litigator and negotiator with a broad spectrum of experience upon which to draw.
A frequent speaker on numerous topics, including employment law and contract law, Ms. Wellerstein regularly conducts training seminars and programs for managers and employees in all areas of employment practices and policies.