time and a half for 12h shifts in Cali?

BluntForceTrauma · Jul 21, 2013

That's the standard OT law in Cali if I'm not mistaken. However, I was told by some nurses that they still only made OT after 40hrs/week because of their union contract or something of the sorts.

As a traveler, you should make time and a half after 8hrs and double time after 12 hrs.

akulahawkRN, ADN, RN, EMT-P · Jul 21, 2013

Standard is straight time to 8 hours, 1.5x pay to 12 hours, 2x pay after 12 hours. If your employer uses 4/10 work weeks, then it's straight time to 10 hours, 1.5x to 12 and double after 12 hours. This is in absence of a valid collective bargaining agreement. Those can change things dramatically, such as straight-time to 40 hours and standard OT after that, with no daily OT.

What you want to search for is California Industrial Work Order. There will be a site that will have all of them available and one of them will fit your work environment. If you're a traveler, your wage and work environment should be spelled out in your contract. I'm not sure, but it's possible that your contract could override California's IWC orders. It's also possible that local municipal or County laws could have some impact upon work conditions, but I believe that Nurses make a wage high enough so as not to be affected by those local laws (usually "living wage" related).

NedRN · Jul 21, 2013

The base and default labor law in California is time and a half after 8 hours worked in one day, and double time after 12 hours worked in one day. The law allows for alternative work weeks, which must be voted for by a majority of workers on work unit (can be the entire hospital, or only a floor or other subdivision). Thus you can have 10 hour or 12 hour shifts that are all straight time. This vote is one time, and then applies to all future employees There is no waiver for time worked over 12 hours for any agreement, whether union or a simple vote on alternative work week. California public hospitals (the 17 public healthcare district hospitals) are exempt from paying overtime after 8, no vote needed. Union rules (which are by their nature subject to voting by their members), will pre-empt the default state overtime rules.

You can look up what rules apply at an employer unit online at the California labor board. I don't know of any specific laws or court cases on the subject, but in practice, agencies and travelers are covered if they follow the wage practices of their assigned unit. If overtime is paid to employees after 8 hours on 10 and 12 hour shifts, so must the traveler be paid similarly. Some agencies will always pay time and a half after 8 no matter how the work unit pays to avoid any conflict with travelers about "California law", and to avoid any legal issues down the road.

This has led to a patchwork of different pay on different assignments, sometimes incorrectly. It is a nuisance not to have clarity and conformity, and it often leads to strange compensation quotes by agencies, the so called "blended rates" that are different on your pay check - but work out precisely if your specified hours are worked exactly as contracted, no more and no less. To pay this way, often the base rate must be lower to bring the average, or "blended rate" into the correct total range compatible with bill rates that often "flat", not taking into account changes in traveler pay after 8 hours.

So for those travelers who are not familiar with "blended rates", here is how it works. Lets say an agency can afford to pay a traveler $28 an hour, but want to conform to time and a half after 8 hours on a 12 hour shift. If they offer a base rate of $24 an hour, with an overtime rate of $36 an hour, and on a 12 hour shift that comes to $192 for the first 8 hours, plus $144 for the next 4 hours, or a total of $336 for the shift. Divide that $336 by 12 worked hours and you get, ta dah, $28 an hour, the average rate or "blended rate".

Obviously, $28 an hour sounds far better than the actual rate of $24, so recruiters tend to want to quote "blended rates". And those are the effective rates, as long as you work your full shift. If you work less, your effective rate is less.

There are a number of issues to wrap your head around these rates, and laws. For example, if you work more than three 12 hour shifts, you won't get "overtime", instead you will get exactly the same as for the regular shifts: 8 straight hours, and 4 overtime hours. This is because in California (as in other states), overtime does not have to be paid until 40 regular hours have been paid. That won't happen until day five of 12 hour shifts.

As you see, things can get complicated! You need to figure out not only average rates an hour, but also base rates, overtime rates (and when they take effect), and double time rates and relate those rates to expected work hours to get a true indication of what you will make on a California assignment. Because of this, not only will some agencies quote you only blended rates, but also "take home" pay per week to give you a different way to look at what you are making in total. This kind of quote also has issues but every number can be useful in analyzing your compensation. Calculators such as the one found on PanTravelers can help.

The bottom line is that there are a number of legal pay schemes out there, and it doesn't come down to something as simplistic as California always requires overtime to be paid after 8 hours worked in one day.

globetrotterRN · Jul 21, 2013

yeeks..... that all sounds way too complicated without an actual contract offer in front of me :S I'll prob just need to see what hourly/OT terms are offered and work out from there whether or not it sounds like a good rate overall. Thanks for the info everyone :)

NedRN · Jul 21, 2013

Yes, you should collect some offers. That prior post of mine will help you make sense of them. There is an article on PanTravelers about California overtime for travelers that is more comprehensive than my post and no doubt more clearly written.

bumpkittynurse · Jul 28, 2013

Really helpful explanation, thank you!