Understanding the Basics: California's Meal Break Rule
Hourly employees are typically entitled to:
- An unpaid, 30-minute meal break if they work more than five hours in a workday. This break must be provided no later than the end of the employee's fifth hour of work.
- A second 30-minute unpaid meal break if they work more than 10 hours in a workday. This must be provided no later than the end of the tenth hour.
The Exception: Waiving Meal Periods for Shorter Shifts
California Labor Code Section 512 includes an important exception: a meal period may be waived by mutual consent of both the employer and employee if the total work period for the day is no more than six hours. The long-standing question, however, was whether this “mutual consent” required a new waiver for each qualifying shift, or if a single, “prospective” (or “blanket”) waiver signed in advance was permissible.
The Bradsbery Decision: Prospective Waivers May Be Enforceable
In Bradsbery v. Vicar Operating, Inc, employees of a veterinary hospital had signed written waivers agreeing to forgo meal breaks for shifts of six hours or less. These waivers also explicitly stated they could be revoked at any time by providing written notice to a manager. The employees later argued that these prospective waivers were invalid.
The appellate court disagreed, siding with the employer. The court found that because the law is silent on the specific form or timing of these waivers, it does not prohibit written, prospective agreements. The key factors in upholding the waivers were:
- Mutual Consent: The waivers were signed by both parties, indicating mutual agreement.
- No Coercion: There was no evidence that the employees were coerced into signing the waivers.
- Revocability: The waivers clearly stated that employees could revoke them at any time.
What This Means for Employees
The Bradsbery decision does not provide employers a "free pass" to deny breaks. Employers must still ensure:
- Waivers are Written and Clear: They should be in writing, easy to understand, and explicitly state the employee's right to take a meal break and how to revoke the waiver.
- Waivers are Voluntary: Coercion or pressure to sign a waiver will invalidate it. Employees must feel truly free to refuse or revoke.
- Applicability is Limited: These waivers are only valid for shifts of six hours or less. They cannot be used for longer shifts.
- Revocation Rights are Honored: Employers must respect an employee's decision to revoke a waiver at any time without retaliation.
- Proper Record-Keeping: Maintain clear records of all signed waivers and any revocations.
- For employees, this decision reinforces the importance of understanding any documents they sign regarding meal breaks. While a prospective waiver may now, under certain circumstances, be upheld for short shifts, employees still retain the right to refuse to sign it, or to revoke it at any time. If an employer pressures an employee to sign, discourages an employee from taking breaks, or retaliates against an employee for asserting break rights, such conduct remains unlawful and can lead to claims for one hour of premium pay for each missed break.
If you believe you have been denied proper meal breaks at work or you have been coerced to sign a meal beak waiver, contact Sani Law today.
