In a rare victory for California employers, in Bradsbery v. Vicar Operating, Inc., a California appeals court ruled that employers and employees may enter into written break waivers for unspecified future meal periods under Labor Code 512 and Industrial Wage Commission Orders 4 and 5.

Labor Code 512 requires employers to provide 30-minute unpaid meal breaks for every five hours an employee works, while permitting employees and employers to jointly waive such breaks for work periods not exceeding six hours.  It also permits waiver of a second meal period where the hours worked are not more than 12, if the first meal period was not waived.

In Bradsbery, the plaintiffs filed a class action seeking to invalidate written waivers for unspecified future meal periods.   The court ruled against the employees.  A written prospective meal break waiver is enforceable as long as it is consistent with Labor Code 512 and the Wage Orders, is revocable and not unduly coercive.

Such waivers can be simple, such as the one the Bradsbery court approved:

“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.”

Employers may not retaliate against workers who refuse to sign such waivers.

Take-Away:

This ruling permits employers to implement – or to continue use of — such waivers so long as they comply with the requirements stated and employees freely agree to them.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Timekeeping Policy: Fourth Dimension Attention: It’s in the Cards (February 24, 2023)
• Employers Lose Food Fight: Break Premiums Ruled Wages, Must Be Reflected on Pay Stubs (June 3, 2022)
• Please: Document Workplace Meal Breaks: Require Employees to Clock Out and Back In on Their Meals (June 4, 2021)

Helena Kobrin
May 2, 2025