California Court of Appeal Confirms Employers Can Use Blanket Meal Period Waivers in Bradsbery et al. v. Vicar Operating, Inc. (2025)

In La Kimba Bradsbery et al. v. Vicar Operating, Inc. (2025), the California Court of Appeal made a significant ruling that affects employee meal breaks across the state. The court held that California employers can require employees to sign prospective, written waivers of meal periods for shifts between five and six hours, provided these waivers are revocable at any time.

This ruling has substantial implications for California workers, especially those in industries where short shifts are common.

Understanding Meal Period Rights in California

Under California Labor Code section 512(a) and the applicable Industrial Welfare Commission (IWC) Wage Orders, most (non-exempt) California employees are entitled to a 30-minute, unpaid meal period for any work shift lasting more than five hours. However, the law allows employees to waive this meal period if the shift is no longer than six hours, but only by “mutual consent of both the employer and employee.”

Before this case, it was unclear whether this waiver had to be agreed upon each time an employee worked a qualifying shift, or if it could be signed once, in advance, and apply to all such shifts. The court has now clarified that employers and employees can in fact agree to a blanket prospective written waiver of this meal period, covering all shifts between five and six hours.

The Court’s Decision in La Kimba Bradsbery v. Vicar Operating, Inc.

In this case, the plaintiffs, La Kimba Bradsbery and Cheri Brakensiek, sued their former employer, Vicar Operating, Inc., claiming that they were denied meal breaks as required under California law. The employer defended itself by pointing to a written meal period waiver signed by the employees that prospectively waived their right to a meal break for any shift of six hours or less.

The Court of Appeal upheld the validity of these waivers, ruling that:

1. Prospective, written waivers are allowed for meal periods during shifts between five and six hours.
2. Such waivers are valid as long as they are revocable by the employee at any time.
3. The waivers must be voluntary, and employees must not be coerced into signing them.
4. The decision does not conflict with the California Supreme Court’s ruling in Brinker Restaurant Corp. v. Superior Court (2012), which addressed an employer’s duty to provide meal periods but did not discuss waivers.

Why This Decision Matters for California Workers

This ruling gives employers a powerful tool—they can now ask employees to sign a “blanket” meal period waiver at the time of hire or anytime during employment, covering all future shifts between five and six hours. For workers, this means:

• You may be asked to waive your right to a meal break even before you know your work schedule.
• If you sign such a waiver, you may not automatically get a meal period for shifts between five and six hours, even if you later decide you want one.
• However, the waiver must be revocable, meaning you can choose to cancel it at any time, and your employer cannot retaliate against you for doing so.

What to Do If Your Employer Asks You to Sign a Meal Period Waiver

If your employer asks you to sign a meal period waiver:

• Read the Waiver Carefully: Make sure you understand that you are giving up your right to a meal break for any shift between five and six hours.
• Check for a Revocation Clause: Make sure the waiver clearly states that you can revoke it at any time.
• Ask Questions: If you are not sure what you are signing, ask for clarification. Your employer should not pressure you to sign immediately.
• Know Your Rights: You have the right to refuse to sign a waiver. If you choose to sign it, you can revoke it at any time.

When to Contact an Employment Lawyer

You should contact an employment lawyer if:

• Your employer refuses to give you a meal period for shifts over five hours and claims you waived it, but you never signed a waiver.
• You were forced or pressured to sign a meal period waiver.
• You revoked your waiver, but your employer continues to deny you meal periods.
• Your employer retaliates against you for refusing to sign or for revoking a waiver.

Final Thoughts

The La Kimba Bradsbery v. Vicar Operating, Inc. decision is a reminder that employers may try to use blanket waivers to avoid providing meal periods, but these blanket waivers must still comply with the law. Workers have the right to understand, refuse, or revoke these waivers at any time. Always check with a labor lawyer if you have questions about any waiver you are asked to sign.