By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP
On April 21, 2025, the California Court of Appeal reached a significant decision in the Bradsbery v. Vicar Operating case, impacting the use of meal period waivers for non-exempt employees. The court ruled that revocable meal period waivers, signed by employees prospectively, are enforceable. This ruling is a win that benefits employers statewide.
The employees in this case claimed that their employer required them to work five- to six-hour shifts without providing a duty-free 30-minute meal period, arguing that prospective meal period waivers violated employee protections. The California Court of Appeal focused on the phrase “waived by mutual consent” between the employer and employee and ultimately determined that meal period waivers signed in advance for workdays where six hours will complete an employee’s shift were valid and enforceable, provided they were not “unconscionable” (unreasonable) or “unduly coercive.”
If you have been a client of ours for any length of time, you’re likely aware that we have emphasized the importance of having a signed meal period waiver in certain situations specifically when a non-exempt employee’s shift is five hours or more but no more than six hours. In light of the recent court decision, we have made a minor update to our meal waiver form to incorporate the latest legal language. This revised form is now available in our client HR forms library. We strongly recommend including it in your new hire paperwork and having non-exempt employees re-sign the meal waiver annually to help ensure continued compliance.
This approach helps reduce the risk of legal challenges and supports compliance with California labor laws. If you need support with meal period waivers or any other HR-related matters, please don’t hesitate to contact your Silvers HR Consultant.