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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34897
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a RN in a ca. emergency dept. my new supervisor has me

Resolved Question:

I am a RN in a ca. emergency dept. my new supervisor has me scheduled to work 12 hr night shifts(normal) but 2 days on and 2 days off. I feel that this is not only not fair to me but unhealthy and dangerous for my patients due to the sleep disturbances. Is this legal?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good evening,

I'm sorry to hear of your dilemma.

Like you, my wife is an R.N. working in a hospital, and I have represented nurses against hospital employers in the past. I have never represented the hospital.

Unfortunately, under CA law, the 2 on 2 off shift is entirely legal---and despite the fact that it might have negative impact on patient care, unless you can be classified as disabled under the ADA guidelines, then you will be unable to seek an accommodation from your employer allowing you a full day off in between your shifts. And, the shift you have been assigned is lawful---I'm sorry.

I wish you the best this holiday season.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


Customer: replied 4 years ago.
Your answer is acceptable, I believe that people should be payed for what they do. Just another question, When you say that my employer must give me a FULL day off between my shifts, do you mean 12 hrs or 24 hrs? as i may be able to force the issue if he has to put everyone on a one day on and one day off schedule.
Expert:  LawTalk replied 4 years ago.
Good evening,

I'm afraid that I perhaps didn't convey my thoughts clearly enough. I was trying to explain that you are not allowed a full day off in between shifts. In fact, there is nothing in CA law to prevent you from being asked to work 24 hours in a row---or 72 hours for that matter. The only thing that the hospitals really care about is the botXXXXX XXXXXne---and so long as the malpractice suits don't rain down based on scheduling, they have little incentive to change their scheduling.

I wish you the best!

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

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