California Supreme Court Watch

Jul 19, 2017
#17-207 Gerard v. Orange Coast Memorial Medical Center, S241655. (G048039; 9 Cal.App.5th 1204; Orange County Superior Court; 30-2008-00096591.)

#17-207 Gerard v. Orange Coast Memorial Medical Center, S241655. (G048039; 9 Cal.App.5th 1204; Orange County Superior Court; 30-2008-00096591.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case includes the following issues: (1) Did Senate Bill 327 constitute a change in the law or a clarification in the law? (2) Is the Industrial Wage Commission Wage Order No. 5, section 11(D) partially invalid to the extent it authorizes health care workers to waive their second meal periods on shifts exceeding 12 hours? (3) To what extent, if any, does the language of Labor Code section 516 regarding the “health and welfare of those workers” affect the analysis?

Review granted: 7/12/2017

See the California Court of Appeal opinion.