Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability
The ruling in Bradsbery v. Vicar Operating, Inc. confirms that such waivers are enforceable under California Labor Code section 512 and the relevant Industrial Welfare Commission (IWC) Wage Orders, provided certain conditions are met. Bradsbery provides much-needed guidance for employers regarding meal period waivers and offers a clear path for compliance. Background The case arose from a class action filed by former employees of a veterinary hospital network who alleged their employer failed to provide required meal periods for shifts between five and six hours . The employer defended the claims by pointing to signed written waivers it has obtained from employees that prospectively waived the right to a meal period on qualifying shifts and also allowed employees to revoke the waiver at any time. The trial court granted summary adjudication in favor of the employer, finding the waivers valid. The employees appealed, arguing that prospective, written waivers are n...