California Court of Appeal Upholds Validity of “Prospective” Meal Waiver Forms

On April 21, 2025, California’s Second District Court of Appeal issued a decision in Bradsbery v. Vicar Operating, Inc., No. B322799, 2025 Cal. App. LEXIS 256 (Ct. App. Apr. 21, 2025). The Bradsbery decision upholds the validity of “prospective” meal period waivers signed by employees. The decision clarifies that employees do not have to waive meal periods on a daily basis in order for those waivers to be valid and enforceable. Rather, under Bradsbery, a prospective waiver of meal periods (such as a form signed by an employee at time of hire agreeing to waive future meal periods) is generally enforceable so long as it is knowing, voluntary, revocable by the employee, and neither “unconscionable” nor having the effect of “impeding or discouraging” employees from taking their meal periods.

Although it is possible that the Bradsbery decision will be appealed, in the meantime members are advised to consider using written meal period waivers to document voluntary waiver of meal periods. The Association maintains a standard Meal Period Waiver and Revocation form that members can provide to employees for this purpose. The forms have been recently updated in light of Bradsbery and are available below.

California law generally provides that an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and the employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.

EXAMPLE 1: An employee completes her full shift in 5.5 hours. The employee can waive her first meal period (with the consent of both the employer and the employee).

EXAMPLE 2: An employee completes his shift in 8 hours. The employee cannot waive his first meal period (because his total work period per day is more than six hours).

EXAMPLE 3: An employee completes her shift in 11 hours, taking her first meal period four hours into her shift. The employee can waive the second meal period (with the consent of both the employer and the employee).

EXAMPLE 4: An employee completes his shift in 11 hours, without taking a first meal period. The employee cannot waive the second meal period (because he did not take his first meal period) and may be owed a premium for the missed first meal period.

Meal Period Waiver Template in English:
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Meal Period Waiver Template in Spanish:
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Please contact Rafael Gonzalez or Brian Daly with any questions.

Source: Grower Shipper Association of Santa Barbara and San Luis Obispo Counties