Many California employees wonder, “can my employer force me to waive my meal period?” A recent decision by the California Court of Appeal—Bradsbery v. Vicar Operating, Inc. (2025)—tackles this very question and provides important guidance. The court held that employers can ask employees to waive their meal period in advance through a written agreement, but only if the waiver is truly voluntary, revocable, and limited to shifts of six hours or less.
Under California labor law, non-exempt employees are entitled to an unpaid, uninterrupted 30-minute meal period if they work more than five hours in a day. These meal breaks are a key protection designed to promote employee health, safety, and dignity. For shifts over ten hours, a second 30-minute meal period also is required.
When employers attempt to bypass these protections, especially through blanket or pre-signed waivers, it raises serious concerns under the Labor Code and Industrial Welfare Commission (IWC) Wage Orders. Bradsbery clarifies the circumstances under which a meal period waiver is legally valid, and when such a waiver may unlawfully strip employees of their rights.
This blog was written by Matt Ruggles, a California employment lawyer with more than 30 years of litigation experience. As the founder of the Ruggles Law Firm, Matt has represented hundreds of employees in wage and hour disputes, including meal and rest break violations.
Why You Should Read This Blog about Meal Period Waivers
This blog is for you if you’re a California employee who has ever:
- Worked a shift under six hours without a break,
- Signed a form waiving your right to meal periods, or
- Wondered if your employer is bending the rules.
Understanding how meal period waivers work, and what your employer can and cannot require, is essential to protecting your rights in the workplace. This case sheds light on a gray area that has led to confusion and class action litigation.
For a deeper understanding of your rights, see related blogs from the Ruggles Law Firm:
- How Do I Resolve an Unpaid Wages Dispute in California
- How Do I Resolve a Misclassification Dispute in California
- Misclassification of Employees as “EXEMPT” versus “NON-EXEMPT” From Overtime: Understanding the Important Differences
What Happened in Bradsbery v. Vicar Operating, Inc.
Two former employees, La Kimba Bradsbery and Cheri Brakensiek, filed a class action lawsuit against their former employer, Vicar Operating, Inc., a company that operates veterinary hospitals throughout California. They alleged that the employer violated California Labor Code § 512 and IWC Wage Orders 4 and 5 by failing to provide the required 30-minute meal periods during work shifts that lasted between five and six hours.
In response, the employer pointed to written meal period waivers that both employees had signed during their employment. The waiver forms stated that the employees were voluntarily waiving their right to an unpaid 30-minute meal period for any shift lasting six hours or less. Importantly, the waivers also made clear that employees could revoke the waiver at any time by submitting written notice.
Bradsbery and Brakensiek challenged the legality of the waivers. They argued that prospective meal period waivers, particularly those signed at the outset of employment, were invalid under California law. Their central claim was that these broad, forward-looking waivers stripped employees of a meaningful opportunity to exercise their right to a meal period, undermining the worker protections intended by California’s wage laws.
What the Court Decided Regarding California Meal Period Waivers
The California Court of Appeal ultimately ruled in favor of the employer, Vicar Operating, Inc., and upheld the validity of the written meal period waivers. The court’s decision focused on the specific legal question of whether a meal period can be waived prospectively (i.e. in advance) through a written agreement for shifts lasting no more than six hours. Here’s how the court ruled:
- Prospective, written waivers are lawful, but only if they expressly are revocable.
The court ruled that California law does not prohibit employees from voluntarily signing a meal period waiver in advance, as long as the shift does not exceed six hours and the employee can revoke the waiver at any time. These types of waivers are expressly permitted under Labor Code § 512 and IWC Wage Order Nos. 4 and 5. - No evidence of coercion or unfairness.
The court emphasized that the plaintiffs did not claim they were pressured into signing the waivers, did not claim that the waivers were unconscionable, and did not allege they were prevented from revoking them. The absence of any claim of coercion or lack of consent was a key factor in the court’s decision to enforce the waivers. - Written waivers are consistent with California’s legal framework.
The court examined the legislative and administrative history behind California’s wage laws and concluded that the waivers were consistent with the law’s purpose and structure. The Legislature and the Industrial Welfare Commission (IWC) have long recognized that, for shorter shifts, a meal period may be waived, provided the waiver is mutual and revocable. - Brinker v. Superior Court does not apply here.
Plaintiffs had relied on the well-known Brinker decision to argue that meal period waivers had to occur only after the shift was scheduled or worked. But the court rejected that interpretation, explaining that Brinker dealt with an employer’s obligation to provide meal periods, not the timing or form of waivers.
Because the waivers at issue in Bradsbery were written, voluntary, and revocable at any time, and because the plaintiffs did not show they were misled or coerced, the court concluded that the waivers were legally valid. As a result, it affirmed the dismissal of the plaintiffs’ claims related to missed meal periods.
Key Takeaways for California Employees and Meal Period Waivers
Takeaway #1: You can waive your meal period for short shifts—but only if you truly agree.
California law permits you to waive your 30-minute meal period if your shift is no longer than six hours. However, the waiver must be made voluntarily and with your informed consent. It cannot be assumed, implied, or forced.
Takeaway #2: A written waiver is valid only if it’s revocable and not coerced.
If you signed a meal period waiver like the one in Bradsbery, your employer can rely on it—but only if you were not misled, pressured, or denied the option to revoke it. The waiver must clearly state that you can change your mind at any time.
Takeaway #3: Employers cannot pressure you or use unfair tactics to get your signature.
If your employer coerced you, withheld information, or discouraged you from taking your meal periods, the waiver may not be enforceable. California law protects your right to make a free and informed decision about waiving meal periods.
Takeaway #4: Waivers do not apply to longer shifts.
Even if you’ve signed a valid waiver, it only applies to shifts of six hours or less. If you work more than six hours and don’t receive a 30-minute meal period, your employer may be required to pay you a full hour of premium pay for each violation.
Takeaway #5: You can change your mind; your waiver is not permanent.
A lawful meal period waiver must be revocable at any time. If you decide you want to start taking your meal periods again, simply provide written notice to your employer. They cannot retaliate against you for exercising this right.
FREQUENTLY ASKED QUESTIONS ABOUT CALIFORNIA MEAL PERIOD WAIVERS
Can my employer ask me to waive my meal period in advance?
Yes—but only under specific conditions. If your shift is no more than six hours, your employer may ask you to sign a written waiver of your 30-minute meal period. That waiver must be voluntary, revocable at any time, and must not be the result of pressure, coercion, or misinformation.
What if I signed a meal period waiver when I was hired—does it still count?
It may. In Bradsbery v. Vicar, the court upheld a waiver signed at the start of employment because it applied only to shifts between five and six hours, was revocable at any time, and was not shown to be coerced or unfair. If you were forced to sign or weren’t informed of your rights, that waiver could be challenged.
Do I have to take a meal period if I’m only working 5 or 6 hours?
Not necessarily. California law allows you to waive your meal break if your total shift is six hours or less—but only if both you and your employer agree to the waiver. The law does not require you to take the meal period, but you cannot be forced to give it up either.
What happens if I work more than six hours and don’t get a meal period?
You’re entitled to a 30-minute unpaid meal period for any shift over five hours, and that cannot be waived if your shift exceeds six hours. If your employer fails to provide that break, they may owe you one hour of premium pay for each violation.
Can I revoke my meal period waiver later if I change my mind?
Yes. California law requires that meal period waivers be revocable. You can revoke your waiver at any time by submitting a written notice to your employer. They cannot retaliate against you for asserting your right to a meal period.
For additional information straight from the state, see the California Department of Industrial Relations’ Meal Periods FAQ, which explains employee rights and employer obligations under California labor law.
If you believe your employer denied you meal periods you were entitled to, or used a waiver to sidestep labor protections, you may have a legal claim for unpaid wages or penalties.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
