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.
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Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to remain “on call” during those breaks.

Employers received a welcome development late last week when the California Supreme Court decided to review the controversial Dynamex Operations West, Inc. v. Superior Court (SC S222732/B249546 rev. granted 1/28/15) regarding misclassification of independent contractors. This case is important since it arguably created a different definition of “employee” for determining if an individual is misclassified as an independent contractor with respect to violations of the California Industrial Welfare Commission (“IWC”) Wage Orders.  The Court will consider the following issue:
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