LA KIMBA BRADSBERY et al., Plaintiffs and Appellants, v. VICAR OPERATING, INC., Defendant and Respondent., 110 Cal. App. 5th 899

Summary

HOLDINGS: [1]-Veterinary workers' prospective written meal period waivers for shifts between five and six hours were valid under Lab. Code, § 512, and Cal. Code Regs., tit. 8, §§ 11040, subd. (11)(A), 11050, subd. (11)(A), which did not require waivers to be in writing, because the phrase "waived by mutual consent" allowed the use of prospective written waivers; [2]-The absence of a written waiver requirement did not indicate legislative intent to prohibit prospective waivers because neither the text nor the legislative and administrative history supported such an inference; although it was reasonable to infer legislative intent to be more protective of employees working longer shifts by providing detailed waiver requirements, an argument that prospective written waivers should be disallowed for employees working fewer hours did not follow.