News & Analysis as of

Rest and Meal Break Employee Rights State Labor Laws

Seyfarth Shaw LLP

New Rules for Waiving Meal Breaks in Washington Health Care Facilities

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Some Washington healthcare employers will be subject to new requirements for meal and rest breaks starting next year. Moving forward, under amended RCW 49.12.480, there are new hoops these employers must jump through in order...more

Hanson Bridgett

California Employers Can Use Prospective Meal Break Waivers for Short Shifts

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In a significant win for employers, the California Court of Appeal recently affirmed that prospective, revocable meal period waivers for shifts between five and six hours are lawful under both the Labor Code and applicable...more

Amundsen Davis LLC

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

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On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:...more

Weintraub Tobin

Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

Weintraub Tobin on

California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

Nelson Mullins Riley & Scarborough LLP

In Win for Employers, California Appellate Court Confirms Prospective Meal Period Waivers Are Legal

On April 21, 2025, the California Court of Appeals held that prospective written meal period waivers for shifts between five and six hours are lawful, rejecting the argument that meal period waivers must be signed for each...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Employment Legislative Update 2025, Part II: It’s Déjà Vu - Lengthy Omnibus Bills, Buried Employment Law Changes

Last year’s Minnesota legislative session resulted in a 1,000-page omnibus bill that included significant changes to the state’s labor and employment laws. As this year’s legislative session comes to a close, we predict a...more

Ervin Cohen & Jessup LLP

Good News for Employers: Court Upholds Prospective Meal Break Waivers for Short Shifts

In the recent decision of Bradsbery v. Vicar Operating, Inc., a California appellate court addressed the enforceability of prospective written meal period waivers for employees working shifts between five and six hours. ...more

Epstein Becker & Green

California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable

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...more

Stradling Yocca Carlson & Rauth

Employers Catch a Break: California Court of Appeal Approves Prospective Meal Period Waivers

On April 21, 2025, the California Court of Appeal issued an opinion validating written, prospective meal period waivers for non-exempt employees. The decision in La Kimba Bradsbery v. Vicar Operating, Inc. provides employers...more

ArentFox Schiff

Prospective Written Meal Period Waivers Survive, California Court Affirms Enforceability

ArentFox Schiff on

The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six...more

Stoel Rives - World of Employment

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their...more

Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

CDF Labor Law LLP

Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers

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On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating,...more

Clark Hill PLC

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

Clark Hill PLC on

What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more

Seyfarth Shaw LLP

California Court of Appeal Rules Prospective Meal Waivers Are Enforceable

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The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more

Payne & Fears

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

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Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Fox Rothschild LLP

California Court Rules in Favor of Prospective Meal Period Waivers for Employers

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In a significant ruling for employers, the California Court of Appeal has validated the use of “prospective” meal period waivers, allowing workers to voluntarily waive their meal breaks in advance, under certain conditions....more

ArentFox Schiff

Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

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The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week....more

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

FordHarrison on

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Goldberg Segalla

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

Goldberg Segalla on

Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more

Mandelbaum Barrett PC

Paid Lactation Breaks Are Now Mandatory In New York

Mandelbaum Barrett PC on

Effective June 19, 2024, all employees in the State of New York have the right to paid break time to express breast milk. Specifically, N.Y. Labor Law § 206-c1 provides that “an employer shall provide paid break time for...more

Fisher Phillips

New York Employers Must Provide Paid Lactation Breaks: 4 Key Takeaways

Fisher Phillips on

Nursing employees now have the right to paid break time to express breast milk during the workday under a New York State law that took effect June 19. This move underscores Governor Hochul’s push for legislation supporting...more

Bond Schoeneck & King PLLC

New York State Requires Paid Lactation Breaks

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need...more

Hinshaw & Culbertson - Employment Law...

New York Adopts New Workplace Nursing Mothers’ Law

On December 9, 2022, Governor Kathy Hochul signed into law a new workplace lactation bill, set to go into effect on June 7, 2023. The law, which amends Section 206-c of the New York Labor Law, requires that an employer...more

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