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Thread: California Labor Law 8 Hours Between Shifts? California

  1. #1
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    Default 8 Hours Minimum Between Shifts? California

    Hi all:

    Would like some clarification on this. I heard that the California Labor Law states something to this effect:

    An Employer must schedule an employee at least 8 hours between two shifts, unless the employee waives this right or agrees otherwise.
    For example, if an employer has you working until 3:00 AM, and schedules you to be back at 8:00 AM the following morning (only a 5 hour difference), the employer cannot do this, or at minimum cannot hold the employee accountable for not abiding by this schedule, as there is not an 8 hour window here. The soonest the employer could ask the employee to come in would be 11:00 AM.

    Can anyone clarify this and perhaps site the CA labor code that supports it?

    Thank you!

    Last edited by RestHR; 10-08-2006 at 12:39 PM.

  2. #2
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    There is no such law in California or any other state for general employment.

    There are a very few industry specific exceptions where there is a public safety factor (airline pilots, truck drivers, in some (but by no means all) states nurses). But in CA and every other state, unless you work in one of the few industries where the appropriate regulatory agency for that industry has made an exception, an employer can schedule you for back to back shifts if they want to.

    What you have heard, quite bluntly, is wrong.

  3. #3
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    AFTER posting my own thread I found another thread it referenced another "similar" thread which was answered NO, it is not a federal or state requirement.

    http://www.laborlawtalk.com/showthread.php?t=82675

    Thank you!

  4. #4
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    Hi cbg:

    You are too fast! Thank you! I posted my response that I found the other link, and as soon as I did, you already beat me to it. Sorry for any inconvenience. And, thank you for your assistance!


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    Glad we were able to help!

  6. #6

    Default Yes kind of

    1. California Code of Regulations, Title 8, Section 11040.
    Chapter 5. Industrial Welfare Commission
    Group 2. Industry and Occupation Orders
    Article 4. Professional, Technical, Clerical, Mechanical, and Similar Occupations
    (8) Notwithstanding the above provisions regarding alternative workweek schedules, no employer of employees in the health care industry shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order a regularly scheduled alternative workweek schedule that includes workdays exceeding ten (10) hours but not more than 12 hours within a 40 hour workweek without the payment of overtime compensation, provided that:
    (a) An employee who works beyond 12 hours in a workday shall be compensated at double the employee’s regular rate of pay for all hours in excess of 12;
    (b) An employee who works in excess of 40 hours in a workweek shall be compensated at one and one-half (1½) times the employee’s regular rate of pay for all hours over 40 hours in the workweek;
    (c) Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift;
    (d) The same overtime standards shall apply to employees who are temporarily assigned to a work unit covered by this subsection;
    (e) Any employer who instituted an alternative workweek schedule pursuant to this subsection shall make a reasonable effort to find another work assignment for any employee who participated in a valid election prior to 1998 pursuant to the provisions of Wage Orders 4 and 5 and who is unable to work the alternative workweek schedule established;
    (f) An employer engaged in the operation of a licensed hospital or in providing personnel for the operation of a licensed hospital who institutes, pursuant to a valid order of the Commission, a regularly scheduled alternative workweek that includes no more than three (3) 12-hour workdays, shall make a reasonable effort to find another work assignment for any employee who participated in the vote which authorized the schedule and is unable to work the 12-hour shifts. An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three (3) day alternative workweek schedule.
    (9) No employee assigned to work a 12-hour shift established pursuant to this order shall be required to work more than 12 hours in any 24-hour period unless the chief nursing officer or authorized executive declares that:
    (a) A "health care emergency", as defined above, exists in this order; and
    (b) All reasonable steps have been taken to provide required staffing; and
    (c) Considering overall operational status needs, continued overtime is necessary to provide required staffing.
    (10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and the employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off duty immediately following the 24 consecutive hours of work.
    Quote Originally Posted by RestHR View Post
    Hi all:

    Would like some clarification on this. I heard that the California Labor Law states something to this effect:

    An Employer must schedule an employee at least 8 hours between two shifts, unless the employee waives this right or agrees otherwise.
    For example, if an employer has you working until 3:00 AM, and schedules you to be back at 8:00 AM the following morning (only a 5 hour difference), the employer cannot do this, or at minimum cannot hold the employee accountable for not abiding by this schedule, as there is not an 8 hour window here. The soonest the employer could ask the employee to come in would be 11:00 AM.

    Can anyone clarify this and perhaps site the CA labor code that supports it?

    Thank you!


  7. #7
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    It was mentioned initially in this six year old thread that there were exceptions. Nothing in what you have posted applies across the board to general employment.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  8. #8
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    infofinder909, please do not reply to old threads - this thread is from 2006 - thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  9. #9
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    Sorry, cbg - your reply wasn't there yet when I started mine. Believe will close thread - from 2006 & OP had received a reply to their question.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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