On April 21, 2025, the California Court of Appeals ruled that meal break waivers signed by non-exempt employees are enforceable. The case, Bradsbery v. Vicar Operating, Inc., involved two former employees of a large network of veterinary hospitals who claimed that their former employer required them and other employees to work five- to six-hour shifts without providing the required duty-free 30-minute meal period. The former employees alleged that Vicar Operating Inc. owed them premium pay for the missed meal periods.
Under California law, employers may not require a non-exempt employee to work for more than five hours per day without providing a 30-minute, uninterrupted, unpaid meal break. Non-exempt employees must also receive a 10-minute rest break for every four hours worked. Employers who fail to provide employees with the required meal and rest breaks are required to pay employees premium pay, which is one additional hour of pay at the employee’s regular rate of pay for each missed meal or rest break, up to two hours per day.
Meal periods are, however, allowed to be waived if the employee does not work more than six hours in the day or if there is a written agreement between the employee and the employer to waive a meal break. Vicar Operating Inc. argued that the employees waived their right to meal breaks and produced written agreements that had been signed by the employee and the employer. The former employees argued that one-time waivers were not enforceable, but the trial court disagreed and ruled in favor of the employer. The employees appealed the decision, but the Court of Appeals agreed with the original ruling.
This is another win for employers with California-based employees. Although this ruling confirms the valid use of meal break waivers, California employers should review their meal and rest break policies and their meal break waivers to ensure compliance. Employers should also ensure that they are maintaining accurate records of when employees take meal and rest breaks.
To learn more about California meal break requirements, Employers Council members can view our whitepaper, CA Meal and Rest Periods. For more assistance with ensuring that your HR policies and processes are compliant with California labor laws, reach out to our California Legal Services team at CAinfo@employerscouncil.org.
Brittanie Young is a human resources consultant for Employers Council.