Seyfarth Synopsis: The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the employer and employee (subject to certain limitations). The California Court of Appeal has now upheld the validity of written, prospective waivers of meal periods for employees working shifts between five and six hours. Bradsbery v. Vicar Operating, Inc., 2nd Appellate District, Case No. B322799.
The Facts
Plaintiffs La Kimba Bradsbery and Cheri Brakensiek, were veterinary employees of Vicar Operating, Inc. The employees filed a class action lawsuit alleging that Vicar violated California labor law by failing to provide 30-minute meal periods for shifts lasting between five and six hours. The employees had signed written waivers stating the following:
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.
Vicar relied on these waivers as a defense. The Parties stipulated to the fact that the employees had signed the waivers, and Vicar sought a judgment in its favor based on the prospective waivers.
The Trial Court Decision
The trial court concluded that the prospective meal break waivers for shifts between five and six hours were legally enforceable. Therefore, the trial court granted Vicar’s motion for summary adjudication of the meal period claims. The employees appealed.
The Appellate Court Decision
The California Court of Appeal affirmed that prospective, written, waivers of meal periods for shifts between five and six hours are valid under the California Labor Code—as well as the applicable California Industrial Welfare Commission (IWC) Wage Orders—provided they are entered into by mutual consent of the employee and employer, and can be revoked at any time. The Court of Appeal emphasized that neither the Labor Code nor the Wage Orders specify the form or timing of such waivers, therefore there is no prohibition on written or prospective agreements.
The Court of Appeal rejected the employees’ argument that these waivers undermine the statutory protection of employee rights. The Court of Appeal found no evidence that the waivers were unconscionable, coercive, or involuntarily signed, nor that they impeded the employees from taking meal periods. The waivers in question were clear, revocable, and voluntarily signed, which the Court concluded was consistent with the Labor Code and the applicable Wage Orders.
In assessing the legislative and administrative history, the Court of Appeal concluded that both the California Legislature and the IWC had long viewed prospective written waivers—particularly when revocable—as protective tools for both employers and employees. The Court of Appeal concluded that this history supported its conclusion that prospective waivers are permissible.
Despite its conclusions and findings as to the employees’ waivers, the Court of Appeal warned, that it had “serious reservations regarding the validity of prospective written waivers of meal periods” where those waivers were unconscionable, coerced, could not be freely revoked, were signed unknowingly, or where they had the effect of impeding or discouraging employees from taking meal periods.
What Bradsbery Means for Employers
The Bradsbery decision confirms that employers may lawfully use prospective, written, and revocable meal period waivers for employees working shifts of five to six hours. The decision thus provides a clear and manageable way to comply with the Labor Code and Wage Orders. However, in light of the Court of Appeal’s stated reservations, employers should take care to ensure that their waivers are neither unconscionable nor used as a means to prevent employees from taking their meal periods.
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