Legal Question in Employment Law in California

As an RN working 12 hours night shift from 1830 to 0700 and my employer asks for me to work an additional 4 hours after my 12 hour shift from 0700-1130, shouldn't I get overtime pay? After my 12 hour shift they require us to clock out at 0700 and then clock right back in and they do not pay us any overtime and justify with the fact that it is a new workday. If I was not forced to clock out and then in again on that next day then it would be overtime. We are a non union hospital and I feel I need to stand up to them but I don't know if I have any legs to stand on. Thank You for any information or assistance in this matter.


Asked on 1/26/13, 10:59 am

3 Answers from Attorneys

The employer can set any start/end time they want for the work day and work week, provided it is fixed and the same for all employees. They actually don't technically have to clock you in and out for that. If, however, the official work day of the employer does NOT start/end at 0700, then they are violating wage and hour law. They are also violating the law if you are not given a half hour break between 0700 and 1130. They are also violating the law if they work you 1830-0700+0700-1130 and then require you to report to work before 1930. Lastly, they are violating all kinds of wage and hour laws if the 12 hour schedule plan was put in place without a properly certified employee election. You should sit down with a plaintiff's side employment law attorney and go over the details of your situation and find out exactly where you stand.

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Answered on 1/26/13, 5:31 pm

You may have a strong case for unpaid overtime, as well as other claims. My firm has represented nurses throughout California in similar cases. Feel free to call me at Eisenberg & Associates, where I am an attorney, for a free consultation at (213) 201-9331.

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Answered on 1/26/13, 6:46 pm
Leon Greenberg Leon Greenberg Professional Corporation

I would agree with the foregoing answers, what you describe seems to be a clear violation of California's overtime pay requirements. I would suggest you keep a daily diary of your clock in/out times if they are not clearly recorded. I would be pleaseed to speak with you, you can visit my website overtimelaw.com.

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Answered on 1/27/13, 2:57 pm


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