Alternative Workweek Schedules

Alternative Workweek Schedules for Nurses in California

In the healthcare profession, long shifts are the norm. Many hospitals and healthcare facilities adopt Alternative Workweek Schedules (AWS) that allow healthcare workers to work shifts longer than 8 hours without triggering daily overtime pay. While AWS arrangements are legal in California under specific conditions, employers frequently implement them improperly, leaving nurses underpaid for the hours they work.

At RN Counsel, we represent healthcare workers whose rights have been violated through improperly adopted or enforced alternative workweek schedules. We know the law, we know the industry, and we know how to hold employers accountable when they use scheduling systems to avoid paying overtime.

What is an Alternative Workweek Schedule?

An Alternative Workweek Schedule is a work arrangement approved under California law that allows employers to schedule shifts longer than 8 hours a day without paying daily overtime, provided strict requirements are met. The most common AWS schedules in the healthcare industry include:

3/12 Schedules – Three 12-hour shifts per week
4/10 Schedules – Four 10-hour shifts per week

Under these schedules, employers may schedule 10 to 12 hour shifts without daily overtime. However, weekly overtime rules still apply — more than 40 hours in a week must be paid at time-and-a-half, and more than 12 hours in a day must be paid at double time. Overtime rules also apply for short and extra shifts.

California’s Legal Requirements for AWS

To legally implement an AWS, an employer must:

Propose the AWS in Writing

The proposal must clearly describe the schedule, including the hours and days to be worked.

Hold a Secret-Ballot Election

At least two-thirds of affected employees in the work unit must vote to approve the AWS. Employers cannot force or intimidate employees into voting “yes.”

Provide Advance Notice

The results of the election must be reported to the Division of Labor Standards Enforcement (DLSE) within 30 days.

Maintain Written Documentation

Employers must keep records of the AWS agreement, election results, and posted schedules.

Comply with Overtime Rules Outside of AWS Hours

Even under an AWS, employees must be paid: Overtime for longer, shorter or extra shifts, as detailed below

Common AWS Violations in Nursing

While AWS can be legal, many employers violate the rules in ways that cost workers significant wages. Common violations include:

No Regularly Recurring Work Schedules

Under a valid AWS plan, employers are required to provide employees with regularly recurring work schedules so that they work a fixed and predictable schedule every week. When employers deviate from a fixed and consistent schedule, the AWS is not valid and they must pay overtime and double time to their employees as if no AWS had existed.

No Overtime Paid for Work Extra Shifts

If employers require employees to work extra shifts that are outside their regularly recurring work schedules, then they must pay overtime for the first eight hours of that extra shift and double time for any work performed thereafter. For instance, if an employee is required to work a 3/12 schedule, but the employer requires them to work a 4/12 in one week, the employee must be paid 8 hours of overtime and 4 hours of double time for working the extra shift.

No Overtime Paid for Shorter Shifts

If employers require employees to work shifts that are shorter than their shifts in the AWS plan, then employees must be paid overtime for work performed after the first 8 hours of that short shift. For example, if an employee is part of a 3/12 schedule but works a 10-hour shift, instead of his or her regular 12-hour shift, then the employee is entitled to 2 hours of overtime for working that short shift.

Not Weekly Overtime Pay

Even under a valid AWS plan, employees are entitled to weekly overtime if they work more than 40 hours a week.

Failure to Hold a Proper Election

Some employers illegally skip the secret-ballot requirement entirely or manipulate the process so employees feel pressured to approve.

No Written Agreement

The schedule must be documented; verbal “policies” are not valid under California law.

Misapplying AWS Rules to All Staff

Employers cannot automatically apply AWS rules to employees who are not part of the approved work unit.

Retaliation Against Dissenting Employees

Some employers retaliate against employees who oppose AWS adoption or complain about violations.

Penalties for AWS Violations

If your employer has an invalid AWS plan or violated its terms, you may be entitled to:

Back pay for unpaid overtime (going back up to 4 years in some cases)
Interest on unpaid wages
Statutory penalties for wage statement violations
Waiting time penalties for failure to pay upon termination
Attorney’s fees and costs if you win your case

In many cases, AWS violations affect an entire unit or department of workers, opening the door to class action litigation.

Your Rights as a Nurse Under AWS

Even with an AWS in place, you still have important legal rights:

Meal and Rest Breaks

AWS does not eliminate your right to meal and rest periods.

Overtime for Working Outside of AWS Hours

s explained above, if you work hours outside of your AWS plan, you are entitled to overtime pay.

Protection from Retaliation

Your employer may not punish you for questioning AWS legality or filing a complaint.

Steps to Take If You Suspect AWS Violations

Review Your Pay Stubs – Compare your hours worked with overtime pay received.
Ask for Documentation – Your employer must provide AWS election and agreement records if requested.
Keep Your Own Records – Maintain copies of your schedules, pay stubs, and any communications about AWS.
Contact an Attorney – AWS cases can be complex; legal guidance is essential to recover what you are owed.

RN Counsel: Defending Nurses Against AWS Abuse

At RN Counsel, our attorneys specialize in wage and hour law for nurses. We’ve seen how AWS can be used lawfully — but too often it is abused to avoid paying nurses what they’ve earned. We know how to identify violations and seek compensation for those violations.

When you work with us, you get:

A dedicated legal team focused on nurses’ rights
Deep knowledge of AWS laws and healthcare industry practices
Aggressive advocacy to recover unpaid wages and penalties
No upfront legal fees — we get paid only if we win your case

If you believe your employer has improperly implemented or enforced an AWS, you may be entitled to substantial back pay. Don’t wait — you have limited time to act.

📞 Call RN Counsel today at (424) 252-4711 for a free, confidential consultation with one of our qualified attorneys. We will review your schedule, pay history, and AWS documentation to determine if your rights have been violated — and we’ll fight to recover every dollar you are owed.

FAQs: Alternative Workweek Schedules for Nurses

Can my employer force me into an AWS?

No. California law requires a valid employee vote with two-thirds approval in a secret ballot. However, you may be bound by a vote that took place before you began your employment.

If I didn’t vote for AWS, does it apply to me?

Not necessarily. AWS generally applies to the “work unit” that approved it. If you were not part of that unit, AWS rules may not apply.

Do I still get overtime under AWS?

Yes. You receive overtime for hours worked outside of your AWS plan and for hours over 40 in a week.

Can AWS eliminate my meal and rest breaks?

No. AWS does not affect your meal and rest break rights.