California Supreme Court

Jazmina Gerard, Plaintiffs and Appellants v. Orange Coast Memorial Medical Center, Defendant and Respondent.

December 10, 2018240 Cal. Rptr. 3d 757

Summary

The court held that the health care meal-period waiver provision in the applicable wage order validly permitted employees to waive a second meal period even when working more than 12 hours. The provision was lawfully adopted under the version of the governing statute then in effect, which broadly authorized the administrative commission to adopt meal-period rules notwithstanding other law; a later statutory amendment limiting that authority did not invalidate an already adopted wage-order provision. The court therefore affirmed the judgment for the hospital.