On September 29, 2020, Governor Newsom signed Assembly Bill 2537, which significantly expands upon employers’ existing baseline obligations for providing a safe and healthful work environment.  The new bill creates specific requirements regarding general acute care hospitals’ distribution and supply of personal protective equipment (PPE).  Its purpose is to protect healthcare workers from COVID-19.

On October 5, 2015, Governor Jerry Brown signed into law a bill confirming that employees in the health care industry can waive one of their two meal periods when working a shift of over eight hours in a workday. This law clarifies confusion caused by a recently decided appellate case, Gerard v. Orange Coast Memorial Medical Center, 234 Cal.App.4th 285 (C.A. 4th, 2015) (review granted). The Gerard case is currently under review by the California Supreme Court.
Continue Reading Health Care Workers Allowed to Waive Meal Period

In a recent turn of events, the California Court of Appeal ruled in Gerard v. Orange Coast Memorial Medical Center (Feb. 10, 2015) that healthcare workers cannot waive their second meal period when working shifts in excess of 12-hours despite the Industrial Welfare Commission’s (“IWC”) order to the contrary. The court found that the IWC lacked authority to circumvent the California Labor Code and, therefore, partially invalidated Wage Order No. 5-2001, which governs the healthcare industry.
Continue Reading Wage Order No. 5-2001 Partially Invalidated: Healthcare Workers Cannot Waive Their Second Meal Period When Working More Than 12 Hours