Second Meal Period Waivers For California Healthcare Workers Are Legal


The California Court of Appeal recently resolved in the affirmative the legality of second meal period waivers for healthcare employees who work shifts longer than twelve (12) hours. Gerard v. Orange Coast Memorial Medical Center (“Gerard II”) (Case No. G048039, filed 3/1/17). The Court of Appeal concluded that second meal period waivers for healthcare workers who work longer than 12-hour shifts ARE indeed valid and legal. The court reached this conclusion only after the California state legislature passed emergency legislation to clarify the Labor Code statutes and confirm the enforceability of the second meal period waiver.