California Supreme Court

Gerard v. Orange Coast Mem. Medical Center

December 10, 2018

Summary

The court held that the Industrial Welfare Commission’s health-care wage-order provision permitting employees to waive a second meal period on shifts exceeding 12 hours was valid. The provision was adopted while the governing statute gave the Commission authority to regulate meal periods notwithstanding other law, and a later statutory restriction did not invalidate an already adopted order. The court therefore affirmed the Court of Appeal’s judgment in favor of the hospital.