Legal Clarity: Meal Break Waivers Upheld

In a recent win for California employers (in the case of Bradsbery et al. v. Vicar Operating, Inc., (April 25, 2025) 110 Cal.App.5th 899), the Court of Appeal clarified the rules for waiving meal breaks on short shifts.

The Court held that employers may use blanket, prospective, written waivers for meal periods on shifts of five to six hours, provided the waiver is revocable and not the product of coercion or unconscionability. The decision clarifies the enforceability of such waivers under California wage and hour law.

The Simple Rule for Shifts (5-6 hours)

The court confirmed that prospective, written, and revocable meal period waivers are valid for shifts between five and six hours.

Legal Principles Established by the CourtL

• California Labor Code section 512 and IWC Wage Orders 4 and 5 do not prohibit prospective, written, and revocable waivers of meal periods for shifts between five and six hours.

The Bradsbery ruling confirmed that the ability to waive a meal period for a 5-6 hour shift is not a "use it or lose it" decision that must be made daily. Instead, it is enforceable through a single, prospective agreement, provided the agreement satisfies these protective measures:

1. Written Form: It must be clearly documented.

2. Explicit Revocability: It must explicitly state the employee can cancel it at any time.

3. No Coercion or unconscionability:: The employer must ensure it is truly voluntary and that the process does not impede the employee’s right to a break.

The employer’s burden is to prove the validity of the waiver as an affirmative defense. The court’s analysis is limited to written, revocable waivers; it does not address oral waivers.

Action Item: Review your short-shift (5-6 hour) employee onboarding documents. Ensure your meal break waiver is a clear, written agreement that explicitly states the employee's right to cancel the waiver at any time.

✅ Got questions? Contact our office at 408-295-6740.

Law Offices of Samira Amato - www.samiralaw.com