HEALTHCARE INDUSTRY
This page provides general information on the exemption from overtime pay for employees in the healthcare industry
California law requires that most employees in the healthcare industry be paid at least minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 8 hours in a day or 40 hours in a workweek.
Unlike any other industry, Employers in the Healthcare Industry can implement an alternative workweek schedule consisting of 12 hour days (maximum 3 days per week) without paying overtime. In order to have a valid alternative workweek the employer must comply with several requirements (i.e. secret ballot). If a valid alternative workweek schedule is in place, overtime is paid at the rate of double the regular rate of pay for every hour worked after the completion of 12 hours in 1 workday.
WHO IS NOT ENTITLED TO OVERTIME:
Resident managers of homes for the aged having less than eight beds - Not entitled to daily overtime. Also, such employees are not entitled to weekly overtime, unless the employee works more than 40 hours or more than six days in a workweek. In an emergency, the employee may work over 40 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. These employees are not entitled to double time.
Employees directly responsible for children under 18 receiving 24-hour residential care- These employees are entitled to:
- Time and one-half for all hours in excess of 40 in a workweek. If employee works more than 16 hours in a workday, must be paid two times employee's regular rate of pay for all such excess hours.
- Employee shall be paid two times his or her regular rate of pay for all hours in excess of 48 in a workweek.
Employees of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises- Employees working in accordance with a 14 consecutive day work period in lieu of a workweek of seven consecutive days must be paid one and one-half times their regular rate of pay for hours worked in excess of eight in a workday and 80 in the 14-day period.
Certified nurse midwives- Certified Nurse Midwives (CNMs) who provide health care involving emotional and physical support to women before, during, and after childbirth are not entitled to overtime
Certified nurse anesthetists- Certified Nurse anesthetists (CRNAs) who take care of a patient’s anesthesia needs before, during and after surgery or the delivery of a baby are not entitled to overtime.
Certified nurse practitioners- A Certified Nurse Practitioner is exempt from overtime. A nurse practitioner's duties may include the following:
- Diagnosing, treating, evaluating and managing non-life-threatening acute and chronic illness and disease (e.g. diabetes, high blood pressure)
- Obtaining medical histories and conducting physical examinations
- Ordering, performing, and interpreting diagnostic studies (e.g., routine lab tests, bone x-rays, EKGs)
- Prescribing physical therapy and other rehabilitation treatments
- Providing prenatal care and family planning services
- Providing well-child care, including screening and immunizations
- Providing primary and specialty care services, health-maintenance care for adults, including annual physicals
- Providing care for patients in acute and critical care settings
- Performing minor surgeries and procedures (with additional training and usually under supervision) (e.g., dermatological biopsies, suturing, casting)
- Collaborating with physicians and other health professionals as needed, including providing referrals
- Counseling and educating patients on health behaviors, self-care skills, and treatment options
- Some NPs are formally trained for surgical First Assistants in the OR
Student Nurses- Exempt from Overtime
Medical Doctors- See Professional Exemption
Optometrists- See Professional Exemption
Dentists- See Professional Exemption
WHO IS ENTITLED TO OVERTIME:
All other registered Nurses- Typically, Nurses are not exempt from California overtime compensation requirements unless they individually met the criteria for the executive or administrative exemptions.
Pharmacists- Not exempt from overtime
Graduate nurses- See Household Occupations
For more information about the Healthcare Industry see Opinion Letters from the California Division of Labor Standards Enforcement:
| Letter No. |
Description |
|
1997.03.10 |
(Exemption: Professional, physician assistants and nurse practitioners) |
| 1992.01.21 |
(Alternative workweek: Healthcare registry workers) |
| 1995.11.01 |
(Meal periods (healthcare industry).) |
If you work now or have worked in the past in the healthcare industry, and have not been paid for work beyond eight hours, you probably are entitled to payment of unpaid wages, as well as attorney fees and costs if you prevail in your wage claim. Please call our office at (310) 277-2323 or contact us online for a free consultation.
Let us help you recover the wages and benefits you are owed.
