In a notable win for California employers, the California Court of Appeal recently upheld the enforceability of prospective meal period waivers in Bradsbery v. Vicar Operating, Inc., providing much-needed clarity for businesses navigating the state’s complex wage and hour laws. The April 21st decision involved a class action suit brought by two former employees who claimed they were denied proper meal breaks during shifts under six hours. In its defense, Vicar Operating, Inc., presented signed waivers in which employees voluntarily gave up their right to a meal break for shifts of six hours or less, with the understanding they could revoke the waiver at any time.
The plaintiffs argued that these waivers were invalid because they were signed only once and not renewed for each shift. However, the Court of Appeal affirmed the trial court’s decision, ruling that such written, revocable waivers are enforceable as long as they are not coercive or unconscionable. This ruling provides clear guidance for employers who wish to proactively reduce their risk of liability from meal period claims, particularly in class action contexts where the financial exposure can be significant.
In light of this decision, employers should consider adopting written standalone waivers for non-exempt employees at the start of employment, ensuring that the waivers cover both first and second meal periods when applicable. It’s critical to clearly communicate the voluntary nature of the waiver and the process for revocation, and to avoid any form of coercion or retaliation. With proper implementation and legal review, businesses can use these waivers as a lawful and practical tool to manage their workforce and mitigate risk.
If you have any questions regarding meal period waivers, please contact us at info@mnklawyers.com.
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