A recent court decision has made it easier for employers to protect themselves from meal break lawsuits by having employees sign a compliant meal period waiver.
Background
Generally, an employer must provide each employee with a first off-duty meal break of at least 30 minutes starting no later than the end of the fifth hour of work, and a second off-duty meal break of at least 30 minutes starting no later than the end of the tenth hour of work.
One exception to this general rule is that employees may waive, i.e., give up the right to be provided with, a meal break when the meal break would otherwise fall towards the end of the day’s work and the employee would rather just finish up and head home. Specifically:
- A first meal break must normally start no later than the end of the fifth hour of work, but an employee may waive the right to a first meal period if the total work in the day is no more than six hours.
- A second meal period must normally start no later than the end of the tenth hour of work, but an employee may waive the right to a second meal period if the employee took a first meal period and the total work in the day is no more than twelve hours.
Such a waiver is attractive to both employees and employers, because it avoids the inefficient situation where an employee, about to end the day’s work, is required to take 30 minutes of unpaid time, and then finish up a short amount of work before ending for the day. However, there has long been a lack of guidance from the courts about whether such a waiver could be signed on a one-time basis and be valid for the future, or whether the waiver needed to be signed each day.
The decision
On April 21, 2025, the California Court of Appeal provided some much needed clarity. In Bradsbery v. Vicar Operating, the court held, provided that the waiver was freely agreed to and not signed under conditions of duress or coercion, a waiver could be signed on a one-time basis and be valid for the future, and did not need to be signed each day.
Steps employers should take right now
With the added clarity provided by Bradsbery, employers are encouraged to offer employees the opportunity to sign meal period waivers. Providing such waivers are properly implemented, they can reduce potential liability. Such waivers should always be handled by consultation with counsel. If you need help with implementing a waiver policy, contact WorkWise Law.
DISCLAIMER
The information provided on this website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. This website is not presented as a substitute for obtaining legal advice from a licensed attorney, nor should you rely on anything on this website for legal purposes without seeking legal advice from a licensed attorney.