by Robert R. Roginson, Esq., and Hera S. Arsen, Ogletree Deakins
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission (IWC) wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.
The Court of Appeal reasoned that the provision conflicted with a state meal period statute prohibiting employees from waiving a second meal period when a shift extends beyond 12 hours.
The Supreme Court will consider whether the health care industry waiver, originally adopted in 1993, remains lawful under Labor Code section 512, which was added to the Labor Code in 2000.
The Supreme Court will also consider whether the Court of Appeal’s decision invalidating the waiver should be applied retroactively. That could subject employ...(register to read more)