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.

California Companies Must Pay Premium For On-Call Rest Periods: Augustus v ABM Security Services, Inc.


The California Supreme Court recently held that California companies must pay for on-call rest periods. See Augustus-v.-ABM-Security 2016 WL 7407328 (Cal. Dec. 22, 2016)2016 WL 7407328 (2016) In Augustus, the plaintiffs, who worked as security guards at sites throughout California, alleged that ABM required guards to keep their radios and pagers on during rest periods. Guards were to remain “vigilant and responsive” to calls and alerts at all times. As a result, the guards alleged that they did not receive a duty-free rest period as prescribed by law.