Appellate Court Says Meal Break Order Contradicts CA Labor Code

A California court of appeals revived an old meal break class action lawsuit on Feb. 10 after ruling that an order from the Industrial Welfare Commission (IWC) that allowed healthcare workers at an Orange County, Calif. hospital to waive a meal period during long shifts was in direct conflict with California labor laws, which forbid this practice of missed meal breaks during shifts longer than 12 hours.

According to the IWC meal break class action lawsuit, an IWC order gave explicit authorization for health care workers to waive one of two required meal breaks during hospital works shifts that lasts longer than 8 hours. However, California labor code is explicitly clear that these types of meal waivers are only allowed during shifts shorter than 12 hours long.

The IWC order allegedly created an “unauthorized additional exception to the general rule set out in [California wage and hour laws], beyond the express exception for waivers on shifts of no more than 12 hours,” according to Justice David A. Thompson’s opinion on the unanimous court decision on the wage and hour class action lawsuit.

This California court of appeals decision reverses a previous summary judgment motion on this IWC meal break class action lawsuit. This reversal also forces the court to reconsider the denial of Class certification for this California wage and hour lawsuit, a denial which was based on previous court findings that each individual plaintiff named in the meal break class action lawsuit has fully alleged or established their claims under California labor laws on breaks.

According to the revived IWC meal break class action lawsuit, the trial court must look to other grounds for possible denial of this California wage and hour lawsuit.

The California court of appeals has stated that the plaintiffs of this meal break class action lawsuit may seek premium wages for the allegedly missed meal periods. Usually, under California labor laws, a hospital could be potentially liable for past labor code violations and be retroactively fined.

However, several California courts have been reluctant to punish defending employers for meal break waivers that seemed to be allowed under the IWC orders, despite its clear contradiction with established California labor codes.

The IWC Meal Break Class Action Lawsuit is Case No. G048039, in the Court of Appeal of the State of California, Fourth Appellate District.

California Labor Laws Concerning Meal Breaks and Overtime Pay

The Federal Labor Standards Act (FLSA) and state labor laws were established to protect workers from abuse and exploitation by employers. These labor laws also insure that workers are receiving fair compensation, meal breaks, rest periods, and are provided with a safe and fair work environment.

Some common claims from California employees regarding alleged CA labor law violations include:

• Unpaid overtime
• Unpaid wages
• Off-the-clock work
• Misclassification
• Missed meals and breaks
• Donning & doffing
• Less than minimum wage
• Tip pooling

California workers who were subjected to these types of California employment law violations during the past two or three years may be eligible to file a wage and hour lawsuit or join a wage and hour class action lawsuit against unfair employers.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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