Meal Period Waivers Just Got Safer for California Employers

A new court decision in California is good news for employers. The Court of Appeal ruled that non-exempt employees can sign meal period waivers ahead of time and those waivers can be valid if certain rules are followed. This could help your business avoid costly penalties and stay compliant with meal period laws.

Two former employees claimed their employer did not provide them with 30-minute meal periods during shifts that were five to six hours long. They filed a class-action lawsuit asking for extra pay, called “meal premiums,” for each missed meal period.

The company argued that the employees had signed written waivers saying they didn’t want a meal period on shorter shifts. The court agreed with the company and stated that as long as employees sign a clear waiver, are not forced into it, and can change their mind later, the waiver is valid.

What This Means for Your Business

If you don’t already use meal period waivers, this is a good time to implement a compliant process. Make sure your meal period waiver is a separate, written form, not just a section in your handbook or something you explain verbally. The employee should sign it, and it must clearly say they can revoke it anytime.

When you provide the waiver to employees, explain it in plain language. Let them know it’s their choice to sign it, and make sure they understand how to revoke it if they change their mind. Do not pressure anyone to sign as this must be a voluntary agreement.

Ensure employees are not treated differently if they choose not to sign or decide to revoke the waiver down the road. Your managers should be trained on how to handle revoked meal waivers to avoid any potential retaliation claims.

Next Steps

Properly enforced meal waivers can help your business stay compliant with California’s wage and hour laws. Reach out to our team for support with meal period waivers for your employees.