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California Nursing Labor Laws California

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  • California Nursing Labor Laws California

    I am an RN in California, currently working 8 hours 5 days a week. We are also required to be on call some weekends and over night. This weekend I had 36 hour call, from Friday night to Sunday morning. I was called in on Saturday, at 1530, worked 10 hours til Sunday 0130 (with no break). Went home and was called again Sunday 0300 and worked until 0530. I am paid standby time as well as time and a half when called in. I am wondering how many hours can I legally be required to work. I had already worked 40 hours this week before the call time, so I worked in excess of 50 hours. If I am fatigued and feel that it is not safe for me to continue working, do I have the legal right to refuse to come in? What is the maximum hours an employer can require you to work in a week? If I am on call, and work thorugh the entire weekend, am I legally allowed to work one day less the next week?

  • #2
    Are you a member of a union?
    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.

    Comment


    • #3
      And have you asking your licensing board this question?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        There is no union at the hospital I'm employed at currently. I have not asked my licensing board, I checked their website and found nothing of relevance (they are almost impossible to get a hold of due to all the budget cuts). Any more suggestions???

        Comment


        • #5
          I don't have access to it now, but when I get home tonight I have a list of those states which have placed limits on the hours that an RN can be asked to work. I do not have a list of what the limits are; only whether limits exist. I'll see if CA is on the list and post it then. If it is, you will have to keep trying with the licensing board to determine whether or not the hours you are being asked to work fall within the restrictions. If it is not, we'll take the next step then.
          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.

          Comment


          • #6
            I can give you the general rules for CA, but I am far from certain that the general rules apply. Hence CBG looking for specific rules.

            IF you are not exempt (which I do not know) and IF the general Wage Order applies to you (which I also do not know), then the following rule is in play:

            OFFICIAL NOTICE

            INDUSTRIAL WELFARE COMMISSION

            ORDER NO. 4-2001

            REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE PROFESSIONAL, TECHNICAL, CLERICAL, MECHANICAL AND SIMILAR OCCUPATIONS

            3. Hours and Days of Work

            (L) No employee shall be terminated or otherwise disciplined for refusing to work more than 72 hours in any workweek, except in an emergency as defined in Section 2(D).
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              cbg, I have a list of states that restrict or prohibit OT for
              nurses & Ca. is on the list but that is all the info I have. You can
              see what you have. Betty3
              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.

              Comment


              • #8
                I doubt if I have anything more than that; I simply have a list of the states with restrictions and no information about what the restrictions are. But I'll look when I get home.
                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.

                Comment


                • #9
                  Other than the list of states that limit or prohibit OT (have a max. on hrs. worked) re nurses, I have some info on Ca. in a loose leaf binder but it only notes the 1 day
                  off in 7 rule & the 72 hrs. per wk. rule (as noted by DAW above). The only actual
                  occupation that it makes mention of re max. hrs. is railroad trainmen (10 hrs. off
                  after 12 hrs. of continuous duty).

                  OP may need to try to get hold of the licensing board.
                  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.

                  Comment


                  • #10
                    Also, RNs are not necessarily non-exempt (could be either exempt or non-exempt under federal law - no idea about CA law), and (never having been a RN before), I do not actually know if there is a related Wage Order (industry specific regulation). I can include a pointer to the place where the Wage Orders live. WO #4 is sort of the "general" WO, and that is the only one that I am familar with.

                    http://www.dir.ca.gov/iwc/WageOrderIndustries.htm

                    Does the nursing licensing board have a website? Maybe with a FAQ page? These sound like questions that have been asked before. And often.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      FYI. I took a quick look in the CA-DLSE manual to see if I could figure out which Wage Order covered RNs, and got a little more complicated answer then I was expecting.

                      43.7.2.1 Examples: Employee is a nurse. The nurse may be employed by an employer in a particular industry (i.e., industrial nurse in a manufacturing plant – Order 1) or may be employed by a weight-control establishment under Order 2, or by a hospital under Order 5. If the nurse worked as a private duty nurse in a private home, she would come under Order 15, an occupational order; or if the nurse was employed by a large contractor on a job site, under Order 4, again an occupational order.
                      Past that, the word "nurse" is mentioned more then fifty times in the manual, at which point I am afraid that I lost interest.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        Wow - that's more than we wanted to know.
                        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.

                        Comment


                        • #13
                          I don't have anything more than is already mentioned. I can only refer the poster to the DLSE or to the licensing board.
                          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.

                          Comment


                          • #14
                            Here's a link to the Ca. Board of Registered Nursing. If the OP can't find
                            an answer there, maybe OP can keep trying to call them.
                            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.

                            Comment


                            • #15
                              Thanks for your help

                              Comment

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