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Legislative Accomplishment

Overtime and Alternate Workweek Schedules

UNAC/UHCP fought a major battle to reverse regulations limiting the definition of overtime pay solely to work exceeding 40 hours in a week.

1998

Governor Pete Wilson (R) instructs his appointees on the Industrial Welfare Commission (IWC) to change California’s administrative regulations to limit overtime pay solely to work exceeding 40 hours per week, thereby dropping the requirement for overtime for work in excess of 8 hours in a day.

The new regulation had the immediate effect of lowering the existing wages of many nurses working alternative work weeks, such as three 12 hour days or four 10 hour days. At the same time, the change makes it possible for employers to begin forcing formerly five day a week employees to work longer shifts. Back-to-back twelve-hour shifts with no overtime can now be ordered at will.

1999

UNAC/UHCP supports AB 60 (Knox – D), the “Eight Hour Day Restoration and Workplace Flexibility Act of 1999.” AB 60 reinstates the earlier version of Wage Orders, pending the adoption of new Wage Orders consistent with the bill’s provisions. Governor Gray Davis signs the bill on July 20th, 1999.

2000

UNAC/UHCP representatives make numerous appearances before the IWC and work behind the scenes to craft new regulations that allow nurses who prefer alternative workweek schedules to collectively bargain for these hours, while prohibiting management from otherwise forcing employees to work more than eight hours a day without paying overtime. Under the new regulations, two-thirds of the employees have to agree to an alternative workweek schedule before it can be implemented.

2001

UNAC/UHCP strongly supports legislation SB 1027 (Romero – D), to prohibit mandatory overtime in the healthcare industry, except during bona fide emergencies. The bill passes both houses of the Legislature but fails to reach the Governor’s desk when the Senate adjourns before the Assembly can concur with the bill.

2005

UNAC/UHCP supports AB 1184 (Koretz- D), which seeks to prohibit compulsory overtime for nurses (RN, LVN or CNA) employed by the State of California in a state facility, except under certain circumstances such as the occurrence of a catastrophic event. The bill also seeks to prohibit the state from retaliating or discriminating against the nurse or CNA for refusing to work overtime. The bill passes the Legislature but is vetoed by Governor Arnold Schwarzenegger (R).

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