This Law Firm Publication by Fisher & Phillips LLP discusses Gerard v. Orange Coast Memorial Medical Center, in which the California Court of Appeal concluded that its earlier decision in the same case, in which it partially invalidated an order authorizing second meal break waivers on shifts longer than 12 hours, was incorrect. In October 2015, California passed SB 327, allowing health care employees who worked more than eight hours to waive their second meal break, even for shifts that were 12 hours or more. The appellate court has found that Wage Order 5, section 11(D), which gives authority for these waivers, was valid when adopted and did not violate Labor Code section 512's break rules. Qualified healthcare employees using meal waivers are permitted to waive either their first or second meal break. In addition, they are only required to take one of their two breaks before the end of the tenth hour of work, so waivers should not include language limiting the waiver to shifts of no more than 12 hours.