4.30.25
By Jennifer Jacobus, PHRca, SDEA CEO 
California employers just got some welcome clarity from the courts. In the recent Bradsbery v. Vicar Operating, Inc. case, the Court of Appeal confirmed that written, revocable meal period waivers for shifts between five and six hours are valid—as long as they’re fair and clearly communicated.
What Happened
The case involved employees who worked 5–6 hour shifts and had signed a written waiver opting out of their 30-minute meal break. The waiver was clear, voluntary, and stated that it could be revoked at any time. Employees later claimed the waivers weren’t legal unless signed shift-by-shift.
The court disagreed. It ruled that as long as the waiver is:
- For a shift of six hours or less
- Written, voluntary, and revocable
- Not coercive or misleading
…it’s enforceable.
What This Means for Employers
You can use a written waiver for employees who work 5–6 hour shifts—just make sure it’s:
- Easy to understand and not buried in other documents
- Signed voluntarily, with no pressure
- Clearly states that employees can change their mind at any time
- Not used when shifts go over six hours
Next Steps
- Review your current waiver form
- Train supervisors to track shift lengths and honor breaks if the shift goes long
- Remind employees they can revoke waivers at any time without penalty
This is a great time to do a quick audit of your meal period practices. If you need help reviewing your waiver language or updating your onboarding process, we’re here to help. SDEA can also conduct an HR audit or write or review your current handbook. Questions or need more information?
Call us at 858-505-0024.
