We previously reported on Gerard v. Orange Coast Memorial Medical Center, which was a decision by a California Court of Appeal to invalidate a portion of California Wage Order 5 that is applicable to second meal period waivers for health care employees.  This decision was disconcerting because it invalidated second meal period waivers if an employee’s shift lasted longer than 12 hours.  Additionally, the Court of Appeal held that its decision should be applied retroactively.    We do not yet know whether the California Supreme Court will review the entire Court of Appeal decision or only a portion of the decision (e.g., retroactivity).  However, the Supreme Court’s grant of review automatically supersedes the Court of Appeal’s opinion and renders it depublished.  That means, at least for now, good news for California’s healthcare employers.