Waiving Your Lunch Break? Here’s What California Law Allows
Recent court ruling clarifies when and how employees can legally waive their meal break for shorter shifts—without giving up their rights.
California’s meal break laws are some of the most protective in the country—and also among the most misunderstood. One common area of confusion involves whether employees can voluntarily waive their right to a 30-minute meal period for shorter shifts. Thanks to a recent court decision, we now have clearer guidance.
What the Law Says
Under California Labor Code § 512, employees who work more than five hours per day are entitled to an uninterrupted 30-minute meal break. However, if the total shift is no more than six hours, the employee may voluntarily waive that meal break—but only if the employer and employee mutually agree to do so in writing.
This has been standard practice for years, but a recent case—Bradsbery v. Vicar Operating, Inc.—affirmed and clarified that prospective (advance) written waivers are valid and enforceable under California law, provided specific conditions are met.
Key Takeaways from the Court Ruling
The California Court of Appeal held that employers may offer written meal break waivers for shifts between five and six hours, and employees can sign them in advance as long as:
The waiver is voluntary
It is documented in writing
Employees are informed that they can revoke the waiver at any time
There is no coercion or pressure involved
Best Practices
Use a standalone, easy-to-understand waiver form
Communicate clearly that signing is optional and revocable
Avoid retaliation for employees who decline or revoke the waiver
Review and audit waiver procedures regularly for compliance
Final Thoughts
This recent court decision brings welcome clarity for California employers managing meal break waivers. While it offers flexibility for both employers and employees, it’s essential to follow the rules.
If you’re considering implementing or updating your meal break waiver process, now is a great time to review your policies and forms. As always, if you have questions or need support reviewing your documentation, we're here to help.