This week’s Friday’s Five covers an important new court decision that offers clarity—and relief—for California employers navigating the state’s complex meal period rules.
In Bradsbery v. Vicar Operating, Inc., the California Court of Appeal confirmed that written, prospective meal period waivers for shifts lasting five to six hours are valid and enforceable—so long as they’re revocable and not coerced. While this outcome aligns with what many employers (and employment defense attorneys) already assumed, it finally provides clear and authoritative guidance for day-to-day compliance.
In this week’s YouTube video, I break down what this decision means, how it fits into the broader legal framework, and what action steps employers should take to stay compliant. Here’s the summary:
1. The Core Legal Issue
The case centered on whether an employer and employee can mutually agree—in advance and in writing—to waive the employee’s 30-minute meal period for short shifts (between 5 and 6 hours).
The plaintiffs argued that these types of waivers shouldn’t be allowed unless done at the time of each shift. The court rejected that view.
2. Court’s Holding: Prospective Waivers Are Valid
The court ruled that written, revocable waivers signed in advance are valid, so long as the employee:
- Voluntarily consents,
- Understands the waiver,
- Can revoke the waiver at any time, and
- Is not coerced into signing it.
3. Why This Matters
California’s wage and hour laws are notoriously strict. But this decision gives employers a practical, compliant way to manage short shifts without unnecessary administrative burdens. This is especially helpful for industries with variable or part-time scheduling.
4. What Employers Should Do Now
Review Your Waiver Forms – Ensure they are written clearly, state that employees can revoke them at any time, and apply only to shifts of 6 hours or less.
Audit Time Records – Make sure you’re either providing a meal break or have a valid waiver on file for applicable shifts.
Train Managers – They need to understand that waivers are voluntary and that employees can revoke them without any retaliation.
5. Don’t Confuse “On-Duty” Meal Agreements with Meal Period Waivers
The waivers for shifts 6 hours or less that was dealt with in Bradsbery are different than on-duty meal period agreements. Employers need to be sure not to confuse these two different items. The Wage Orders provide for an “on duty” meal period that is an exception to the required meal break if the following requirements are met:
An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
Wage Order No. 4-2001(a)(emphasis added). Unfortunately, the definition of the “nature of the work” is not clear, and has been construed very narrowly against employers. For example, the Department of Labor Standards Enforcement (“DLSE”) has issued an opinion letter addressing whether a shift manager in a fast food restaurant working the night shift would be allowed to take a “on duty” meal period. The DLSE concluded that based on the facts presented in the situation of the fast food restaurant, the nature of the work in the restaurant should not prevent the shift manager from being relieved of all duties for 30 minutes, and therefore the on-duty meal period would not be valid in this context. Click here to download the opinion letter.
Watch the Full Breakdown
I dive deeper into the legal reasoning and practical implications of this new case in this week’s video. You can watch it here:
>>>> Watch on YouTube