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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33563
Experience:  Retired (mostly)
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Our work schedule is posted every 6 weeks. But then our charge

Resolved Question:

Our work schedule is posted every 6 weeks. But then our charge nurse will change our posted schedule with out asking or telling us, is that legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

1. Are you a licensed nurse?

2. Are you paid a salary or by the hour?

3. What is your typical work schedule?

4. Do you have an alternative work schedule (10-hour work days or similar)?

5. If #4 is "yes," then what is the alternative work schedule?

Thanks in advance.
Customer: replied 1 year ago.

Hello!


#1 I am an RN.


#2 I am paid by the hour.


#3 I work 4 8 hour days per week with "call" included. So when my charge changes my days, she will take my day off and make me work it, and then give me another day off that week. But that day off, I have signed up for "call" in the evening and so it really is not a day off. But I am obligated to work the "call" and there is nothing I can do about it.


 

Expert:  socrateaser replied 1 year ago.
Registered nurses in the employ of a hospital or clinic are regulated as members of the "public housekeeping industry," under Cal. Admin. Code tit. 8, § 11050.

As an hourly employee, not subject to an alternative workweek schedule, your employer can assign work hours to you during any workweek, as long as you are not required to work more than six days in any seven day period (unless your total workweek hours during the week are no more than 30 -- or in an emergency). See Section 11050 3(G).

That's the law. Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33563
Experience: Retired (mostly)
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