Healthcare workers are experiencing a significant amount of occupational fatigue, especially in light of the COVID-19 pandemic. Expecting nurses to work lengthy shifts without the chance to eat a meal or rest leads to exhaustion and can increase the likelihood of medical errors. State senator Steven Bradford authored SB 1334, which sought to guarantee meal and rest periods for public healthcare workers. The bill was sponsored by the California Nurses Association (“CNA”), which has 100,000 members in more than 200 facilities throughout California. On September 29, 2022, Governor Newsom signed SB 1334 into law, which adds section 512.1 to the California Labor Code.
Background
In general, California’s Labor Code has not been found to cover public sector employees unless explicitly stated. Labor Code section 512, the provision on meal periods, does not state that it applies to public employees and has been held to not apply to public employees. (Labor Code §512; Johnson v. Arvin-Edison Water Storage Dist. (2009) 174 Cal.App.4th 729, 730.) Further, Wage Order 4 (which covers professionals including nurses and provides a 10-minute rest period for every four hours worked) was held to not apply to those working for the Regents of the University of California. (Gomez v. Regents of University of California (2021) 63 Cal.App.5th 386, 386.)
Labor Code Section 512.1
Employees who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or...
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