How often do we have to renew the written meal period waiver?

California law allows meal period waivers by mutual consent for shifts of 6 hours (first meal) and up to 12 hours (second meal, if the first was not waived). A written waiver is not required in these cases.

There is no set rule for how often a written waiver must be renewed. However, it is best practice to obtain one and review or update it periodically based on how frequently the employee works waiver-eligible shifts.

In a 2025 case, a California Court of Appeal concluded that a written prospective or “blanket” meal period waiver for work shifts between five and six hours was valid in the absence of any evidence that the waiver was coercive or unconscionable. The court’s decision highlights the importance of obtaining a written waiver, ensuring employees know what they’re signing, and not pressuring employees to sign meal waivers. The case was limited to the first meal period waiver under Labor Code section 512 and IWC Wage Orders 4 and 5. Meal period requirements, however, may vary by industry and applicable Wage Orders.

Employers should ensure waivers reflect the employee’s ongoing intent and consult legal counsel when establishing their approach.

It is also recommended that you review both the IWC orders and the California Labor Code to determine whether a meal period exception applies to your specific industry.

Read about Meal Breaks in the HR Library.