Employers Catch a Break: California Court of Appeal Approves Prospective Meal Period Waivers

On April 21, 2025, the California Court of Appeal issued an opinion validating written, prospective meal period waivers for non-exempt employees. The decision in La Kimba Bradsbery v. Vicar Operating, Inc. provides employers with a rare win and affirms the common practice of obtaining employee meal period waivers. Employers who do not already have waivers in place should explore rolling them out to take advantage of this decision.

Bradsbery provides great news to many employers in California who frequently utilize meal period waivers as a component of their onboarding process. Here are some specific takeaways that employers should consider:

First Meal Period Waivers. In the wake of this opinion, employers who have their employees sign prospective meal period waivers should continue this process. Employers who do not have meal period waivers should strongly consider doing so for their non-exempt employees. However, employers should ensure that employees are properly informed of the waiver in a clear and understandable manner and that any signature is voluntary. Employers also should be aware that employees are free to decline to sign a waiver and may revoke their signed meal period waiver at any time. If an employee chooses to do so or refuses to sign the waiver, the employee must not face retaliation or any differential treatment.

Second Meal Period Waivers. While not specifically addressed in Bradsbery, the decision only explicitly addressed a waiver of the first meal period. Employers should consider obtaining a waiver of second meal periods as well. Though not explicitly addressed by the opinion, its logic applies equally to first and second meal periods.

The Holding is Potentially Narrow. Lastly, employers should keep in mind that the opinion's specific holding is somewhat narrow: that written prospective waivers of an employee's first meal period are permissible under Wage Order Nos. 4 and 5. Though the reasoning should equally apply to other Wage Orders that use similar language, the Court's opinion only analyzed the question under these two Wage Orders.

Please reach out to your Stradling attorney if you have any questions, or need assistance with your business’s compliance with the ever changing California employment laws.