Rest and Meal Break, IWC

Good News for Employers: Court Upholds Prospective Meal Break Waivers for Short Shifts

Ervin Cohen & Jessup LLP on 5/6/2025

In the recent decision of Bradsbery v. Vicar Operating, Inc., a California appellate court addressed the enforceability of prospective written meal period waivers for employees working shifts between five and six hours. ...more

Key California Employment Law Cases: December 2018

Payne & Fears on 1/12/2019

This month’s key employment law cases address meal periods and payment of wages....more

California Supreme Court Clarifies the Law on Second Meal Period Waivers for Health Care Workers

Payne & Fears on 12/20/2018

On December 10, 2018, the California Supreme Court unanimously held in Gerard v. Orange Coast Memorial Medical Hospital that section 11(D) of Industrial Welfare Commission (“IWC”) Wage Order No. 5, which permits health care...more

California Supreme Court Confirms Validity Of Meal Period Waivers For Healthcare Employees

Sheppard Mullin Richter & Hampton LLP on 12/13/2018

On December 10, 2018, the California Supreme Court handed down its unanimous decision in Gerard, et al. v. Orange Coast Memorial Medical Center, affirming the Court of Appeal ruling that voluntary meal period waivers are...more

California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers

Fisher Phillips on 12/11/2018

In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

Sheppard Mullin Richter & Hampton LLP on 3/17/2017

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

Snell & Wilmer on 3/8/2017

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

Fisher Phillips on 3/3/2017

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

Fisher Phillips on 3/1/2017

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

No Rest for the Weary: California Law on Rest Breaks

Seyfarth Shaw LLP on 9/23/2016

Seyfarth Synopsis: California’s rules on rest breaks are still developing. Recent cases have addressed the timing of rest breaks, and whether employees (particularly those who remain “on call”) must be relieved of all duty...more

California Supreme Court Agrees to Consider Whether California Health Care Workers Can Lawfully Waive a Second Lunch Period.

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/25/2015

This week, the California Supreme Court agreed to review the decision in Gerard v. Orange Coast Memorial Center, No. G048039 (February 10, 2015), where the California Court of Appeal partially invalidated the Industrial...more

California’s Wage Orders: Landmines and Goldmines

Snell & Wilmer on 1/11/2013

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more

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