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JUDICIAL UPDATES Healthcare Employees That Work a 3/12 Alternative Work Week Schedule May Receive Overtime Premium Pay Only After Working Over 40 Hours in a Week In Singh v. Superior Court, the Court of Appeal addressed an issue of first impression in California: when are healthcare employees (under Wage Order 5) who work an alternative work week schedule of three 12-hour days entitled to receive overtime pay? The employee argued that the general overtime provision in Section 3(B)(1) of the wage order entitled him to receive time-and-a-half pay for every hour worked past the regularly scheduled alternative work week schedule (the employee worked as a nurse for a hospital). However, after reviewing the language of the wage order and the pertinent regulatory and legislative history, the appellate court agreed with the hospital that the issue was governed by Section 3(B)(8) of the wage order. That section, which was passed in accordance with Labor Code section 517 following the enactment of AB 60, provides that healthcare workers who work a 3/12 alternative schedule may receive overtime at one-and-a-half times the regular rate of pay only for hours over 40 in the work week.
If you would like to discuss these or
any other employment law matters, please do not hesitate to contact any
member of Klinedinst's Employment
Law Department.
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