To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Side Letter between Contra Costa County and the California Nurses Association.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a Resolution approving a side letter of agreement modifying the Memorandum of Understanding (MOU) between Contra Costa County and the California Nurses Association to: (1) provide meal and rest periods for staff providing direct patient care depending on the length of their shifts, (2) provide a process for individual nurses to waive the second meal periods for shifts between ten (10) and twelve (12) hours, and (3) provide for a monetary penalty for staff who are not provided meal and rest breaks.
FISCAL IMPACT:
The Side Letter stems from the passage of SB 1334 which contains statutory penalties for missed meal and break periods. There is no additional fiscal impact from the terms of the Side Letter.
BACKGROUND:
Effective January 1, 2023, the California State Legislature passed SB 1334, requiring duty-free meal and rest periods for staff performing direct patient care. In accordance with the law, staff are permitted to waive the second meal period under certain circumstances. Additionally, SB 1334 provides for a monetary penalty of one hour of pay for each missed meal or break period, not to exceed a combined two hours of pay per day for each workday that the meal period or rest break was missed.
The County and CNA are parties to a MOU that provides for meal and rest periods. Prior to the passage of SB 1334, staff were able to have on-duty meal periods or waive their meal periods altogether, resulting in a shorter shift. With the passage of SB 1334, employers are required to provide duty-free meal periods for shifts under ten (10) hours, which may not be waived. For shifts exceeding ten (10) hours, the second meal period may be waived if done so in writing.
The County and Union agreed to a Side Letter to memorialize aspects of SB 1334, as well as formalize the process for individual employees to waive the second meal period where applicable. Additionally, staff seeking to have flexibility in the timing of the first meal period may agree to permit management to schedule the meal period at any time during the shift. Finally, the Side Letter contains a monetary penalty for missed meal or break periods in accordance with SB 1334.
CONSEQUENCE OF NEGATIVE ACTION:
Staff providing direct patient care will not have the flexibility to waive the second meal period or the timing of such meal periods, which could lead to operational hardships for management and staff.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF the side letter of agreement modifying the Memorandum of Understanding between the County and the California Nurses Association to update language on the provision of meal and rest breaks for staff providing direct patient care as a result of Senate Bill 1334.
The Contra Costa County Board of Supervisors acting in its capacity as the governing board of Contra Costa County RESOLVES THAT:
Effective the first of the month following approval by the Board of Supervisors, the Side Letter of Agreement between Contra Costa County and the California Nurses Association be ADOPTED.
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