In a big win for California employers, the Court of Appeal ruled in Bradsbery v. Vicar Operating, Inc. that prospectively signed meal period waivers by non-exempt employees are enforceable – as long as specific legal requirements are met. This decision provides valuable clarity and a roadmap for employers seeking to reduce wage-and-hour exposure.
Why This Case Matters
Former employees of Vicar Operating, Inc., a network of veterinary hospitals, filed a class action lawsuit alleging the company violated California labor laws by failing to provide meal periods during five-to-six-hour shifts. They claimed they were owed “premium” pay for missed breaks – penalties that can add up quickly in class actions.
Vicar countered by pointing to signed meal period waivers in which employees voluntarily waived their right to a meal break for shifts of six hours or less. The waivers clearly stated that employees could revoke them at any time in writing.
The plaintiffs argued these one-time waivers were invalid because they weren’t obtained per shift or after knowing their schedule. That ambiguity – whether a waiver must be signed shift-by-shift – was a gray area until now.
The Court’s Decision
The trial court sided with the employer, and the appellate court agreed: A signed, revocable, prospective waiver is enforceable unless it’s proven to be unconscionable or coerced. This gives employers a clearer path to compliance and risk reduction – when done right.
4 Steps to Strengthen Your Meal Period Waiver Program
With this legal clarity, employers now have an opportunity to revisit or implement compliant waiver practices. Here are four action steps to consider:
- Use a Written, Standalone Waiver
Avoid relying on oral waivers or language buried in handbooks. A clearly worded, stand-alone waiver signed at the outset of employment carries more legal weight. However, consult legal counsel to ensure waivers meet the requirements of applicable wage orders in your industry. Fisher Phillips suggest the following language for the waiver: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.
- Create Waivers for First and Second Meal Period
While the Bradsbery case focused on first meal period waivers, most California wage orders al-low a second meal period to be waived when the employee works more than 10 but less than 12 hours, and the first meal break was taken. Employers should consider preparing both types of waivers where applicable.
- Communicate Clearly and Ensure Voluntariness
Waivers must be clearly explained and free from pressure or coercion. Employees should know they’re entitled to a meal period and can revoke the waiver at any time. Include easy-to-follow instructions (e.g., provide written notice to HR) for revocation.
- Never Retaliate
Employees have the legal right to refuse or revoke a waiver. If an employee opts out, ensure your managers do not retaliate or treat them differently – even if it adds administrative work. Fair treatment protects your company and strengthens compliance.
Bottom Line:
This ruling empowers California employers to reduce legal risk through thoughtful implementation of meal period waivers. Work with employment counsel to ensure your approach aligns with this new precedent – and helps your business stay compliant, protected, and efficient.
JorgensenHR assist clients with meal and rest break issues as well as everything HR. Please reach out to us at info@jorgensenhr.com or 661-600-2070.
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