In 2022, the Legislature enacted Senate Bill No. 1334 (2021–2022 Reg. Sess.) (Senate Bill 1334), adding section 512.1 to the Labor Code. (Stats. 2022, ch. 845, § 2.)  Section 512.1 extends the meal and rest breaks and premiums already enjoyed by private sector health care workers under section 512 to healthcare employees directly employed by specified public employers.  (§ 512.1, subd. (a).)  As used in section 512.1, “ ‘[e]mployer’ means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.”  (§ 512.1, subd. (e)(2).)

Plaintiffs are nurses directly employed by the City and County of San Francisco (City), who, on behalf of a class of similarly situated City-employed nurses represented by the Service Employees International Union Local 1021 (the union), alleged that the City has failed to comply with section 512.1 since it took effect.  The City demurred.  It argued that the Legislature failed to provide a clear intention that the law applies to charter cities, like the City.  In the alternative, the City argued that applying the law to charter cities would be unconstitutional.

The trial court sustained the demurrer.  The court agreed with the City’s statutory interpretation and did not address the constitutional question.  We affirm.

https://www4.courts.ca.gov/opinions/documents/A172068.PDF