Meal Waiver Agreements: Navigating the Nuances Post-Bradsbery
A new California Court of Appeal decision, Bradsbery v. Vicar Operating, Inc., has brought clarity, and confusion, to an issue we’ve been advising on for years: whether employers can rely on written, prospective meal period waivers for shifts that are 5 to 6 hours long. On April 21, 2025, the California Court of Appeal provided clarity on a contentious issue in Bradsbery v. Vicar Operating, Inc.: the enforceability of prospective meal period waivers for shifts between five and six hours.
The Court upheld Vicar Operating’s use of a pre-signed waiver form where employees voluntarily agreed to skip their 30-minute unpaid meal break when their shifts did not exceed six hours. The Court rejected arguments that California law requires employers to get fresh consent each day or each shift. Instead, it emphasized that what matters is whether the waiver was entered into voluntarily, with a clear opportunity to revoke it at any time. This is a win for employers, but make no mistake, only for those who do it right.
This is not a free pass to plug a waiver form into your onboarding packet and forget about it. If you’re relying on meal waivers, you need a system that ensures (1) the waiver is genuinely optional, (2) employees are reminded they can revoke it at any time, and (3) supervisors aren’t creating a culture that pressures people into skipping meals “for coverage” or convenience.
It’s also worth remembering that even a valid waiver doesn’t protect you if your time records show repeated violations, missed punches, or shifts consistently running longer than 6 hours without a meal period. Plaintiffs’ counsel will seize on sloppy recordkeeping or patterns that suggest coercion. (Remember, the PAGA-reform Audit, it is always good to do one to avoid these easy arguments.)
For businesses operating in California, especially in retail, veterinary, hospitality, and health services, this decision offers relief, but it doesn’t eliminate risk. The safest path is to revisit your waiver language, train your managers, and track your time records with care. Seriously, train your managers on this!
There’s a difference between what’s legally permitted and what’s actually defensible in court. If your meal waiver policy hasn’t been reviewed since this case came down, it’s time to revisit it, before a PAGA letter does that for you.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. For guidance tailored to your specific situation, please consult with our office or a qualified employment attorney.
