New to CA and confused over overtime laws

mstigerlily · Aug 4, 2005

The way it works at our hospital is that we are hired at a certain rate (in my case around $27. I get what works out to be $27 x 12 hrs per shift (plus the night differential) but when you see it on your paycheck, they list my hourly rate as around $21. That way, the last four hours are paid at "time and a half" and it looks to the state (or whoever) as if we are getting "overtime" when actually we are not. Also at our unit we are paid doubletime after 36 hrs a week.

Curious about the overtime issue. Currently work per diem and my agency pays me 4 hrs overtime on every 12 hr shift (overtime kicks in after 8 hrs) at the local hospital. I thought the agency did this because required by law. When i talk to permanent nurses at the hospital they indicate their not paid overtime on 12 hr shifts only after 40 hrs in a week. What is the scoop about overtime in California? Do employers have to pay overtime after 8 hrs in a shift? Thanks for clarification by anybody in the know.

HeartsOpenWide, RN · Aug 4, 2005

Ok, this is how it works. In California if you work over 8 hrs in any pay period they are required by law to pay you over time. HOWEVER...there are loop holes. At my job they only pay over time if you go over 40 hrs in a week. The employees "agreed" to this and signed a form stating that this was ok and that they "agreed" to this set up. I say "agreed" in quotations because this happened before I started working their and the people that signed this said they they were tricked. They said management made it sound like it was a benifit for them(the employee), "This way if you want to work four ten hour shifts you can have three day weekends!" Well to say the least that hardly ever happens, people are scheduled monday through friday, and if they work an hour over here and there they do not get paid over time....... :angryfire

peaceful · Aug 4, 2005

I do not think it would be beneficial for me to go permanent. The agency pays me $32.00 hr the first 8 hrs and 48.00 the last 4 hrs for 12 hr shifts. If i went pemanent i would be lucky to get 28.00/hr, overtime after 40. Now keep in mind i do not have benefits. I am going to do a spread sheet and just start my own sick day/medical/and retirement per hr. Probably come out ahead. Though the benefit of permanent is regular, always have work. So far i have no problem getting all the hours i need but you never know. thanks for the info.

The way it works at our So Ca hospital is that we are hired at a certain rate (in my case around $27. I get what works out to be $27 x 12 hrs per shift (plus the night differential) but when you see it on your paycheck, they list my hourly rate as around $21. That way, the last four hours are paid at "time and a half" and it looks to the state (or whoever) as if we are getting "overtime" when actually we are not. Also at our unit we are paid doubletime after 36 hrs a week.
Melissa

chey · Aug 4, 2005

Hi!

Can any travel nurses in CA tell me how this works for travel nursing? It would be pretty darn cool if I could get time and a half for the last 4 hours of the 12 hour shifts I plan to work as a traveler in LA.

Thanks!

(suppose I could post this question on the travel nurse's forum...)

Gomer · Aug 4, 2005

Ok, this is how it works. In California if you work over 8 hrs in any pay period they are required by law to pay you over time. HOWEVER...there are loop holes. At my job they only pay over time if you go over 40 hrs in a week. The employees "agreed" to this and signed a form stating that this was ok and that they "agreed" to this set up. I say "agreed" in quotations because this happened before I started working their and the people that signed this said they they were tricked. They said management made it sound like it was a benifit for them(the employee), "This way if you want to work four ten hour shifts you can have three day weekends!" Well to say the least that hardly ever happens, people are scheduled monday through friday, and if they work an hour over here and there they do not get paid over time....... :angryfire

Suggest you check with CA Labor Dept (you can find their phone number under "government" or "state government" in the phone book). CA wage and hour law requires employers to pay time and a half after 8 hours (double time after 13) and you can't sign away your rights. 10-hour shifts are handled under the 8-hour day/40-hour week law. Also, your primary rate can't be lowered when calculating OT.

suzanne4, RN · Aug 5, 2005

They can waive the rights and do. We just had a discussion at work about this the other day.

As far as overtime if you are there as a travel nurse, it is based on where your employer is, since you are working for them, you are not an employee of the facility. It can also depend on the contract that the facility has with your agency.

BJONEAL · Sep 27, 2005

what is your agency 's name ? I'm trying to get a job in CA with Agency and some of them called for an interview,so far they will pay 35 dollars and hour

suzanne4, RN · Sep 30, 2005

Nice to see you posting again..............

What area of the state do you wish to work in and what specialty?

BJONEAL · Sep 30, 2005

med- surg, but my license originally from CA

shodobe · Sep 30, 2005

Strange way of paying OT. Where I work we have 8, 10 and 12 hour shifts. We sign an agreement that we will only recieve OT after we have put in our 8,10 or 12 hour shift. For example, I myself work 4 day 10 hour shifts per week. I start my OT after 10 hours up to 12 then it becomes double time. It doesn't matter if I put in 1 day or 4 days. This is good because I don't have to worry about my weekly total hours to get my OT. Mike