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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39048
Experience:  Retired (mostly)
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Hello, I am an RN case manager. I , along with all the

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I am an RN case manager. I , along with all the other nurses, have been recently changed from being a salaried employee to an hourly employee due to a class action lawsuit that recently took place. A nurse was suing for uncompensated wages and the company settled. Now our schedule is 40 hours per week. We have to clock in, clock out and back in for lunch and clock out for the rest of the day. However, when we are "on-call" on the weekends we are NOT hourly but get a sum of $304.00 on saturday and $304.00 on sunday. I work every third weekend after having worked a 40 hour work week and it is not really "on-call" we actually work a full days work as we would during the week. Is what they are doing Legal?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Health care workers are subject to slightly different overtime rules under California IWC Order 4-2001 3(B)(8). In general, if the employee is paid at least 1.5 times his/her regular rate of pay for more than 40 hours, and 2 times his/her regular rate of pay for more than 12 hours work in every day.

I don't know if the $304 on Sat and Sun satisfies the above-described requirement, but if it does, then there would be no violation of the Labor Code.

Hope this helps.

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