Wage and Hour Defense Blog

In a surprisingly employer-friendly decision, the California Court of Appeal recently held that voluntary, prospective written meal waivers for shorter shifts, i.e., those that are more than five but no more than six hours in total, are valid and enforceable.  In Bradsbery v. Vicar Operating, Inc., the Court of Appeal held that revocable, prospective meal waivers for shorter shifts are enforceable in the absence of any evidence the waivers are unconscionable or unduly coercive.

Case Background

Plaintiffs, former veterinary assistants and technicians, filed a putative class action in July 2014 against their former employer, Vicar Operating.  Plaintiffs alleged in part that Vicar Operating had violated Labor Code section 512(a) by requiring Plaintiffs and putative class members to work shifts between five and six hours without a meal period and without waiving their right to a meal period by mutual consent.  Plaintiffs argued that as a result, Vicar owed Plaintiffs and the putative class members premiums for missed meal periods.