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.
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:
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.
To legally implement an AWS, an employer must:
The proposal must clearly describe the schedule, including the hours and days to be worked.
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.”
The results of the election must be reported to the Division of Labor Standards Enforcement (DLSE) within 30 days.
Employers must keep records of the AWS agreement, election results, and posted schedules.
Even under an AWS, employees must be paid: Overtime for longer, shorter or extra shifts, as detailed below
While AWS can be legal, many employers violate the rules in ways that cost workers significant wages. Common violations include:
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.
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.
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.
Even under a valid AWS plan, employees are entitled to weekly overtime if they work more than 40 hours a week.
Some employers illegally skip the secret-ballot requirement entirely or manipulate the process so employees feel pressured to approve.
The schedule must be documented; verbal “policies” are not valid under California law.
Employers cannot automatically apply AWS rules to employees who are not part of the approved work unit.
Some employers retaliate against employees who oppose AWS adoption or complain about violations.
If your employer has an invalid AWS plan or violated its terms, you may be entitled to:
In many cases, AWS violations affect an entire unit or department of workers, opening the door to class action litigation.
Even with an AWS in place, you still have important legal rights:
AWS does not eliminate your right to meal and rest periods.
s explained above, if you work hours outside of your AWS plan, you are entitled to overtime pay.
Your employer may not punish you for questioning AWS legality or filing a complaint.
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:
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.
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.
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.
Yes. You receive overtime for hours worked outside of your AWS plan and for hours over 40 in a week.
No. AWS does not affect your meal and rest break rights.
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.
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.
Yes. You receive overtime for hours worked outside of your AWS plan and for hours over 40 in a week.
No. AWS does not affect your meal and rest break rights.