You Might’ve Gotten Tricked Out Of Meal Breaks…

Mila Arutunian

Director of Employment Law Litigation and Personal Injury Relations

Transcript

“Your boss may have tricked you into giving up meal breaks and now it’s legal. If you’re an hourly employee in California, you’re entitled to meal breaks, but you may have signed a meal period waiver during onboarding, maybe without even realizing it.

These waivers let employees get meal breaks under certain conditions, like for shifts between 5 and 6 hours or 10 and 12 hours. But this week, in a major case, California Court of Appeals ruled that these waivers are in fact enforcable. Two plaintiffs were hourly employees who signed a meal period waiver back in 2009. That waiver said they voluntarily waved their right to take a meal break for shifts of 6 hours or less. And it said that they could revoke it at any time by informing their manager in writing.

They tried to argue waivers were illegal because they were too employer friendly and were unfair to the workers. The court disagreed. The court ruled that the written meal period waivers for employees were enforcable as long as they were voluntary, signed knowingly, and could be revoked at any time, even if they were signed years ago. This means that employers can get you to wave your meal breaks in advance of your shift.

If you’re unsure about a meal break waiver you’ve signed in the past or have concerns about your rights, let’s talk. I’m here to help you navigate these changes.”