EMPLOYEES IN THE HEALTHCARE INDUSTRY WHO ARE SUBJECT TO A VALIDLY ADOPTED ALTERNATIVE WORKWEEK SCHEDULE
If the healthcare employee is subject to a valid alternative workweek schedule under IWC Wage Order 4 (i.e. doctor’s office) or IWC Wage Order 5 (i.e. hospital), the healthcare employee is still entitled to overtime, however, he or she is not subject to the normal daily overtime rules, but rather, is subject to special daily overtime rules.
Employees in the healthcare industry who are subject to a valid alternative workweek schedule are not entitled to overtime compensation if the validly adopted alternative workweek schedule provides for workdays exceeding 10 hours but not more than 12 hours within a 40 – hour workweek. This means the AWW can be a 3 day per week 12 hour per day schedule.
An employee who works beyond 12 hours in a workday must be paid overtime at double the employee’s rate of pay for all hours in excess of 12
An employee who works in excess of 40 hours in a workweek must be paid overtime at one and one – half times the employee’s regular rate of pay for all hours worked over 40 in the workweek
If the healthcare worker is covered under IWC Wage Order 4 (i.e. he or she works for a doctor’s office, medical clinic, or animal care services (with no overnight shelter of feeding), the definition of “hours worked” for this employee is: “The time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the [federal] Fair Labor Standards Act.” (Wage Order 4, subd. 2(K).)
Alternative workweek: Healthcare registry workers (Order 5
CONTACT A LOS ANGELES UNPAID OVERTIME WAGES LAWYER
The Law Offices of Morris Nazarian provides representation toemployees seeking the payment of overtime wages, minimum wages,missed meal and rest breaks,vacation wages,deductions from wages,severance pay, misclassification, independent contractor casesand otherunpaid wages or commissions. We also handle harassment anddiscrimination claims.
If you have been denied lawful wages in the work place due to an employer adopted alternative workweek schedule, it is important that you speak to an experiencedLos Angeles employment attorney who understands how alternative work week schedules work. Please contact Los Angeles Employment Attorney Morris Nazarian by calling (310) 284-7333to make an appointment for a free initial consultation or please fill out the Employment Law Case Evaluation Form and Los Angeles Employment lawyer Morris Nazarian will call or email you as soon as possible.
If the violation is company-wide, you and your co-workers may been titled to bring a class action lawsuit against the employer.