Yes, You Can Skip Lunch - Court Says With a One-Time Waiver
Posted April 23, 2025

California employers just received some welcome clarification on a long-uncertain issue in wage and hour law.

In Bradsbery v. Vicar Operating, Inc. (B322799, CA2/7, April 21, 2025), the appellate court confirmed that employees may prospectively waive their right to a meal period for shifts lasting six hours or less—in writing and at the beginning of employment—as long as the waiver is revocable at any time.

This case is significant because it resolves a question that had remained open under both the Labor Code and applicable IWC Wage Orders: Is a daily waiver required each time an employee skips a meal period on a short shift? According to the court, no. A valid, revocable waiver signed once at the outset of employment will suffice.

Key Takeaways for Employers:

• The waiver must be mutual and revocable: In Bradsbery, the employees signed written waivers agreeing to skip meal periods on shifts lasting five to six hours. The waivers were clearly revocable, and the court found no evidence of coercion or confusion.
• No need for daily waivers: The court expressly rejected the argument that a waiver must be executed each day a meal is skipped.
• Don’t overcomplicate revocation: Employers should avoid language that requires revocation to be in writing or made 24 hours in advance. The court did not impose these requirements, and doing so could work against employers.
• No conflict with existing law: The decision aligns with Labor Code section 512 and Wage Orders 4 and 5. The court also found no inconsistency with the California Supreme Court’s prior ruling in Brinker.

The clear implication is that this ruling would also apply to second meal waivers, assuming the employee did not work past 12 hours.

What Should Employers Do Now?

If your organization uses (or is considering) advance meal period waivers for shorter shifts, this case supports that practice—provided the waiver is properly drafted.

We recommend reviewing your current waiver language and onboarding materials to ensure:

• The waiver is clear, mutual, and revocable at any time.
• Employees are not discouraged from taking meal periods when they choose.
• No unnecessary revocation conditions (e.g., writing or notice) are included.

For questions about compliant waiver forms or wage and hour best practices, contact the employment law attorneys at LightGabler LLP.

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