Legal Question in Employment Law in California

Am I entitled to an advance schedule of work hours? OVERTIME PAY?

I am a nurse in a specialty area that requires me to be on call for emergency procedures 24/7. In my hospital policy and procedure manual it states the departments regular hours of work are 7:30am to 4:00pm and an R.N. will be on call for emergency procedures after 4pm and weekends. What has continued to occur for example: I am available to work in the morning and get standby pay, but they schedule me to come in to work in the late afternoon(3pm)and work until 9pm at regular pay. Some days I have to come in at 700am at regular pay and work through the day and if there is a 4pm case scheduled I have nothing I can say because I am on call. I feel I am at the least in titled to a schdule as the policy states, and anything scheduled after those hours are treated as an emergency. I met with adminisrtation about the problem and they said they can change my hours daily as needed, and my 8 hours starts at 3pm if thats when the case is scheduled. (their is leave without pay(lwop) for any hours available during regular work hours and not worked to accure vacation hours which also are taken away if I come in for example at 3pm and work until 11pm. How much in advance am I entitled to a schedule.


Asked on 1/10/05, 9:27 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Am I entitled to an advance schedule of work hours? OVERTIME PAY?

The CA definitions for workday and workweek are below -- I would need to know some more facts regarding your situation, including whether there is a union contract, but it sounds like you may have a good claim -- or several. . . feel free to contact me at my email address. Good luck.

workday

Any consecutive 24-hour period beginning at the same time each calendar day. The workday may begin at any time of day. The beginning of an employee�s workday need not coincide with the beginning of that employee�s shift, and an employer may establish different workdays for different employees. Once a workday is established, it may not be changed unless the change is intended to be permanent and is not designed to evade the employer�s overtime obligation.

workweek

Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. An employer may establish different workweeks for different employees, but once an employee�s workweek is established, it remains fixed regardless of his or her working schedule. An employee�s workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer�s overtime obligation.

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Answered on 1/14/05, 12:45 pm


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