In a favorable decision for California employers, the Court of Appeal in Bradsbery et al. v. Vicar Operating, Inc., 110 Cal.App.5th 899, affirmed that employers and employees can enter into prospective, written, and revocable agreements to waive meal periods for shifts between five and six hours.[1] This ruling confirms what employers have long known regarding the legality of these agreements.
La Kimba Bradsbery and Cheri Brakensiek, former employees of Vicar Operating, Inc., filed a class action in Los Angeles County Superior Court alleging that Vicar violated California’s meal period laws by failing to provide meal periods. Vicar asserted that Plaintiffs signed advance, written waivers, prospectively waiving all meal periods for shifts less than six hours throughout Plaintiffs’ employment with Vicar. The agreement provided that Plaintiffs could revoke the agreement at any time. Vicar moved for summary adjudication regarding the validity of the waiver under Labor Code section 512 and Wage Orders Nos. 4 and 5. The trial court granted summary adjudication in favor of Vicar, finding the waivers lawful. Plaintiffs appealed (id. at *5–6).
The key issue was whether California law allows a meal period waiver to be agreed upon in advance, in writing, for shifts between five and six hours. (id. at *2). Under Labor Code section 512(a) and IWC Wage Orders Nos. 4 and 5, employees who work more than five hours are entitled to a...
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