Employment, Wage & Hour, Public Employers Not Covered By Labor Code, 1, 8

Public employers such as the hospital authority defendant in this case are exempt from Labor Code provisions governing meal and rest breaks (§§ 226.7, 512) and related statutes governing the full and timely payment of wages (see § 220, subd. (b)) as well as from PAGA penalties for alleged violations of those provisions.  Absent express words to the contrary, governmental agencies are not included within the general words of a statute if their inclusion would result in an infringement upon sovereign governmental powers.  The Labor Code and Wage Orders apply to “employers” a term Labor Code 18 defines in terms descriptive of private persons and entities.  The Alameda Health System is a public entity, having been established by Alameda County to fulfill its mandatory statutory duty to provide health care to residents.