Seyfarth Shaw LLP | www.seyfarth.com Litigating CA Wage & Hour Class and PAGA Actions (23rd Edition) 51 In a subsequent case challenging the meal period waiver provisions applicable to “employees in the health care industry” covered by Wage Orders 4 or 5, the Court of Appeal held (contrary to a prior ruling, which resulted in the Legislature’s amendment of Section 516) that a Wage Order provision that was adopted (but not yet enacted) prior to the enactment of Section 516 was valid. This case, Gerard v. Orange Coast Memorial Medical Center, held that Section 516 precluded adoption of Wage Order provisions inconsistent with Section 512, and did not invalidate provisions that had been adopted prior to Section 516’s enactment.262 262 Gerard v. Orange Coast Mem’l Med. Ctr., 6 Cal. 5th 443 (2018).
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