Back to the future: Court upholds prospective waiver

California law guarantees a 30-minute, off-duty meal period for employees after five work hours. It also provides that, for shifts between five and six hours, the first meal period “may be waived by mutual consent of both the employer and employee.” But does that waiver have to be specific to each occasion, or can it be open-ended and cover all future events until revoked? That narrow question of first impression (meaning it’s the first time the court has considered the issue) was presented in a recent case—can the written mutual waiver of a meal period occur prospectively?

Can you knowingly waive a future right?

Vicar Operating Inc. operates a network of veterinary hospitals. La Kimba Bradsbery worked for Vicar as a veterinary technician from September 2008 to February 2011. In April 2009, she signed a written meal period waiver with Vicar that stated:

I hereby voluntarily waive my right to a meal break when my shift is 6 hours or less. I understand that I am entitled to take an unpaid 30-minute meal break within my first five hours of work; however, I am voluntarily waving that meal break. I understand that I can revoke this waiver at any time by giving written revocation to my manager.