Generally, an employee working more than 5 hours is eligible to take an uninterrupted 30-minute meal break. But California employers often encounter a familiar situation: an employee scheduled for a shorter shift prefers to skip their meal break in order to finish work earlier. A recent California Court of Appeals decision provides guidelines and reinforces that properly drafted and maintained waivers are enforceable under California labor regulations.

Guidelines for Employers

The court’s decision confirms that employees can waive their first meal break in advance, as long as the waiver is properly documented, voluntary, and meets the following conditions:

• The waiver is in writing;
• It is a standalone document;
• It states that the waiver is voluntarily signed by the employee;
• It clearly states that the employee may revoke the waiver at any time and includes instructions on revocation; and
• It includes an acknowledgment that the waiver is executed without any pressure or coercion.

Effect of the Court’s Guidelines

The court’s guidelines offer a clearer path forward for managing compliance. The ability to use written meal break waivers can help employers reduce unnecessary disruptions to scheduling, while allowing flexibility for employees. However, improper use of waivers, or reliance on informal agreements, can result in penalties for missed meal periods.

Best Practices for Implementing Meal Break Waivers

Employers that intend to offer meal break waivers should ensure that they follow the following best practices:

Use a Separate Form

A waiver should be presented as a standalone document and not be part of an employee handbook or a broader agreement. The language of the waiver should be clear and easy to understand.

Emphasize Voluntariness

The waiver should state that it is completely voluntary. Employees must understand that signing the waiver is optional. There should be no suggestion, direct or indirect, that refusal to sign will affect employment. The waiver should include an acknowledgment that the employee signed it voluntarily, without pressure or coercion by the employer or company.

Include Clear Revocation Rights

The waiver should clearly state, and employees should be informed, that they may revoke the waiver at any time. Employees should also be informed regarding how to revoke the waiver and understand that doing so will not result in any form of retaliation or adverse employment action.

Maintain Proper Records

Employers should maintain records related to meal break waivers, including signed copies of waivers, unsigned copies of waivers given to employees, and related dates. Similarly, employers should maintain records of revocations of prior meal break waivers and related dates. Clear and detailed recordkeeping is key to demonstrating compliance in the event of a dispute.

Train Supervisory Staff

Managers and supervisors should receive clear guidance regarding waivers, including the importance of voluntariness and the employee’s right to change their mind.

Practical Implications

While helpful, there are limitations to the court’s guidelines:

• The court’s decision applies only to the first meal break for shifts lasting between 5 to 6 hours. It does not address whether employees who work less than 12 hours and take a compliant first meal break may waive their second meal break. Although not addressed by the court, California Labor Code section 512 allows for such a waiver.
• Oral agreements may not be valid. Only written waivers are enforceable.
• Any waiver obtained through pressure, miscommunication, or unclear language may be deemed invalid.

This recent decision provides valuable clarity for employers by reinforcing the importance of transparency. A voluntary meal break waiver can be a useful tool to streamline scheduling and minimize compliance risk. Employers planning to use meal break waivers should review their current forms, practices, and training to ensure compliance.

 

Waleed Zahid is an attorney with Dunn DeSantis Walt & Kendrick. Waleed’s practice is in civil litigation with a focus on representation of businesses and business owners, particularly in employment law.

Dunn DeSantis Walt & Kendrick provides a broad spectrum of legal services to businesses of all sizes, from small, local start-ups and non-profits to large, national companies. DDWK’s real estate development and construction practice includes representing all segments of the development and construction industries on both private and public projects. 

You can find additional information and resources related to helping business owners and their businesses on the DDWK website.