Labor Code Section 226.7

Subscribe to Labor Code Section 226.7

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

New law SB 1360 has clarified that recovery periods, like rest periods, are paid time. This is a significant clarification of the law since there was an ambiguity in the past whether recovery periods were to be treated as paid time or unpaid time. Until now, the situation was unclear as recovery periods were mandated by California Occupational Safety and Health (Cal-OSHA) regulations, not the California Labor Code.
Continue Reading Recovery Periods, Like Rest Periods, are Compensable Time

Labor Code 226.7 provides that an employee should receive one hour of pay as a penalty for not receiving rest or meal periods in accordance with California law. Yesterday, Governor Brown signed into law SB 435 which expands the one hour of pay penalty to missed “recovery periods.”  The new law applies to any meal,…