Gerard v. Orange Coast Mem. Med. Ctr., 2018 WL 6442036 (Cal. S. Ct. 2018)

Plaintiff health care workers formerly employed by Orange Coast Memorial Medical Center alleged that they usually worked shifts of 12 hours or more. A hospital policy allowed employees who worked shifts longer than 10 hours to voluntarily waive one of their two meal periods, even if their shifts lasted more than 12 hours. Plaintiffs asserted putative class actions and claims under the Private Attorneys General Act (“PAGA”), alleging that the wage order violated the California Labor Code; the hospital responded that the meal period waivers conformed to the applicable wage order and that the wage order does not violate the Labor Code. In this opinion, the California Supreme Court agreed, holding that the wage order does not violate the Labor Code and affirmed summary judgment for the hospital.