This post has been archived and contains information that may be out of date.
CHA recently filed the attached amicus (friend of the court) brief with the California Supreme Court in Gerard v. Orange Coast Memorial Medical Center, urging it to uphold the appellate court’s 2017 decision. As reported last year, several years of litigation resulted in the California Court of Appeal’s decision finding that the health care meal period waiver provision in Wage Order 5, section 11 (D) was valid. In its March 1, 2017, decision, the appellate court acknowledged that its earlier decision invalidating the wage order was wrong. Plaintiffs sought review of the appellate decision, which the California Supreme Court accepted.
Relevant to this discussion is the California Legislature’s passage of Senate Bill 327 (Chapter 506, Statutes of 2015), which conclusively confirmed that the special health care meal period waiver regulation was valid as of Oct. 5, 2015 — the date the bill was signed. While plaintiffs agree that Senate Bill 327 established that health care meal period waivers were valid from that date forward, they continue to argue that the wage order was invalid from June 2000 through October 2015 and, therefore, the lawsuit should continue with respect to that time period.
This content is restricted to members.
