Question: Some of my employees regularly waive their 30-minute meal breaks so they can leave earlier. We normally ask these employees to sign a meal period waiver for each shift for recordkeeping purposes, which is tedious. Are we able to have them sign a single form that applies to future work shifts?
Answer: Yes, but keep in mind that the waiver is only allowed if the total work shift is six hours or less. In California, an employee who works five hours or more must be provided with the opportunity to take an unpaid 30-minute meal period. This is commonly referred to as the “lunch break.” If the employee works a shift that is six hours or less, this meal period may be waived by the mutual consent of both the employer and the employee. This waiver, if applicable, allows an employee to stay clocked in and leave a half hour earlier.
Many employers implement waivers by having new hires sign a blanket (or “prospective”) meal period waiver for all shifts of six hours or less. Until recently, it was unclear whether this practice of obtaining prospective waivers was permissible. A recent California Court of Appeal ruled that prospective waivers are permissible, if certain conditions are met.
In Bradsbery v. Vicar Operating, Inc., several employees claimed that their former employer denied them the opportunity to take meal breaks on shifts between five and six hours. The employer argued that the employees had voluntarily signed written blanket meal period waivers early in their employment. In response, the employees claimed that the meal period waivers they signed were not enforceable because they were not signed only once, not on a per-shift basis. The trial court sided with the employer, and the employees appealed. The Court of Appeal also sided with the employer and held that prospective meal break waivers signed by employees are enforceable, provided the waivers are not “unconscionable or unduly coercive.” The Court of Appeal further clarified that the waiver must be signed voluntarily, and the employee must be able to revoke the waiver at any time.
The Court of Appeal decision in Bradsbery v. Vicar Operating, Inc. is a rare “win” for employers. The decision allows employers to manage flexible scheduling, particularly in industries like retail, professional services, healthcare, and hospitality, where short shifts are common. It is important to note that this case addresses only waivers for the first meal break—not the second meal break for shifts over 10 hours.
In light of this decision, employers should consider reviewing their waiver forms and practices to ensure they comply with the legal standards. To reduce risk, waivers should be clearly worded, signed, and tracked. Employers should consider training for managers on the scope and application of waivers. Managers should also be advised to promptly honor any revocation and to avoid retaliating against an employee who revokes a waiver. Employers should contact their labor counsel if they have questions about meal break waivers or if they would like to implement meal break waivers.