A recent California court decision gave employers some clarity around meal period waivers. In Bradsbery v. Vicar Operating, Inc. (April 2025), the court confirmed that written, revocable waivers signed by hourly (non-exempt) employees in advance can be valid, as long as they are fair and voluntary. That means if your team members agree in writing to skip certain meal breaks (which are only allowed in certain circumstances), and the process is handled properly, those waivers are likely to stand up in court.
In California, employees must usually take a 30-minute unpaid meal period if they work more than five hours. But they can choose to skip it if their shift is six hours or less. There is also an option to waive a second break on longer shifts, over ten hours but less than twelve, as long as the first 30 minute break was taken. These waivers can make scheduling more flexible for employers and give employees the choice to work straight through shorter shifts (and not miss tips or certain other opportunities that may arise).
A meal break waiver is a short agreement where the employee acknowledges their right to a break and voluntarily chooses to waive it under specific conditions. The key word is choice. For the waiver to be enforceable, it must be in writing and signed by the employee. Ideally, this happens at the time of hire or when a schedule is assigned. The waiver should clearly explain that it can be revoked at any time with written notice. Employers should avoid relying on verbal agreements or embedding the waiver within a handbook. Instead, treat it as a standalone document and make sure your managers understand how and when the waiver applies. If you have the option to add a confirmation on your timekeeping system, do it. Every reminder and voluntary waiver will support the case that your policies and culture allowed for breaks and gave the employee power to choose.
If you have questions about how to draft and implement a compliant meal break waiver, would like us to train your managers on these practices (from implementation to auditing timesheets), or review your timekeeping practices to avoid liability, The Mitzel Group is here to help.
