Cal. Court of Appeals Affirms Trial Court Decision Finding Meal Period Waivers Enforceable

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On 4/21/25, in Bradsbery v. Vicar Operating, Inc., the California Court of Appeals affirmed the trial court's ruling that the plaintiff employees written prospective waiver of their meal periods (when working between 5 and 6 hours during a workday) was enforceable in the absence of any evidence that the waivers were unconscionable or unduly coercive. The Court disagreed that prospective written waivers were always unenforceable, where the plaintiff employees did not argue the waivers were unconscionable, unknowing, non-voluntary, or coercive.  The Court indicated that they would hesitate to uphold a prospective written waiver where the employer had greater bargaining power and there was no ability to revoke the waivers, but here the waivers noted that employees could freely revoke the waiver at any time. The Court found that the waivers at issue were in accord with the text and purpose of Labor Code 512 and IWC Wage Orders 4 and 5.

https://www4.courts.ca.gov/opinions/documents/B322799.PDF


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