California: Prospective Meal Period Waivers are Enforceable
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APPLIES TO All Employers with Employees in CA |
EFFECTIVE April 21, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
In La Kimba Bradsbery v. Vicar Operating, Inc., the California Court of Appeal said that revocable, prospective meal period waivers are enforceable in the absence of any evidence that the waivers are unconscionable or unduly coercive.
Here, employees claimed they were owed meal premiums for not being permitted to take their meal period by the fifth hour of work, as required in California. However, employees had signed meal waivers that said: “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.”
According to Wage Order Nos. 4 and 5 at issue, the meal period may be “waived by mutual consent” under prescribed circumstances, consistent with Labor Code § 512. However, there are no restrictions on the timing and form of the permitted waiver. Generally, waiver is defined as an “intentional relinquishment of a known right after knowledge of the facts.” Where signing the waiver is voluntary and may be revoked at any time, the waivers are enforceable. Nothing in the statute and regulations, or the legislative intent, indicates an intent to prohibit prospective written waivers.
Action Items
- Review meal period waivers to ensure they are voluntary and revocable.
- Consult with legal counsel for historical corrections.
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