Overtime Rights
Overtime Rights for Nurses in California
Nurses are the backbone of our healthcare system — often working long, demanding shifts to ensure patients receive the care they need. Unfortunately, that dedication can also make nurses vulnerable to wage violations, particularly when it comes to overtime pay. California labor laws are designed to protect you from being overworked without proper compensation, yet many hospitals, clinics, and staffing agencies fail to follow the law.
At RN Counsel, our attorneys focus exclusively on protecting the rights of nurses. We understand the unique scheduling demands in healthcare, the staffing shortages that pressure nurses into working extra hours, and the subtle ways employers try to avoid paying overtime. If you believe you’ve been denied overtime pay, we’re here to investigate your case and fight for every dollar you’ve earned.
Understanding California’s Overtime Laws for Nurses
California offers stronger overtime protections than federal law, and these protections apply to nearly all non-exempt nurses, whether you are full-time, part-time, or per diem. The laws are set forth under the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, specifically Wage Order 5, which governs the public housekeeping industry — including hospitals and healthcare facilities.
Here’s how the law works for nurses:
- Daily Overtime:
- Any hours worked beyond 8 hours in a single workday must be paid at 1.5 times your regular rate of pay(time-and-a-half), up to 12 hours.
- Double Time:
- Any hours worked beyond 12 in a single workday must be paid at 2 times your regular rate of pay.
- Weekly Overtime:
- Any hours worked beyond 40 in a single workweek must be paid at 1.5 times your regular rate of pay, even if you did not exceed the daily overtime limit.
- Seventh Consecutive Day Rule:
- On the seventh consecutive day of work in a workweek, the first 8 hours are paid at 1.5 times your rate, and any hours beyond 8 are paid at double time.
Your “regular rate of pay” includes hourly wages plus most bonuses, shift differentials, on-call pay, and other forms of compensation. Employers who calculate overtime using only your base hourly rate are violating the law.
Common Overtime Violations in Nursing
Nurses face unique workplace realities that often lead to wage theft. Some of the most frequent violations we encounter include:
“Off-the-Clock” Work
Nurses are often pressured to clock out but keep working — finishing charting, assisting with patient care, or preparing for the next shift. This is illegal. If your employer knows or should know you are working, you must be paid for that time.
Automatic Meal Break Deductions
Many hospitals automatically deduct 30 minutes for a meal break, even if you worked through it due to emergencies or staffing shortages. If that unpaid break pushes your paid time below what you actually worked, it’s a violation.
Misclassification as Exempt
Some employers wrongly classify nurses as salaried “exempt” employees to avoid paying overtime. Unless you meet very specific legal criteria (usually involving advanced practice or management duties), you are likely entitled to overtime.
Failure to Include All Pay in Overtime Calculations
Overtime pay must be based on your regular rate, which includes shift differential, hazard pay, and bonuses. Leaving these out lowers your overtime rate illegally.
Pressure to Waive Rights
Employers may discourage you from recording overtime hours or imply that working “off the clock” is part of being a team player. This is both unlawful and unfair.
Common Overtime Violations in Nursing
Nurses face unique workplace realities that often lead to wage theft. Some of the most frequent violations we encounter include:
“Off-the-Clock” Work
Nurses are often pressured to clock out but keep working — finishing charting, assisting with patient care, or preparing for the next shift. This is illegal. If your employer knows or should know you are working, you must be paid for that time.
Automatic Meal Break Deductions
Many hospitals automatically deduct 30 minutes for a meal break, even if you worked through it due to emergencies or staffing shortages. If that unpaid break pushes your paid time below what you actually worked, it’s a violation.
Misclassification as Exempt
Some employers wrongly classify nurses as salaried “exempt” employees to avoid paying overtime. Unless you meet very specific legal criteria (usually involving advanced practice or management duties), you are likely entitled to overtime.
Failure to Include All Pay in Overtime Calculations
Overtime pay must be based on your regular rate, which includes shift differential, hazard pay, and bonuses. Leaving these out lowers your overtime rate illegally.
Pressure to Waive Rights
Employers may discourage you from recording overtime hours or imply that working “off the clock” is part of being a team player. This is both unlawful and unfair.
California vs. Federal Overtime Protections
The Fair Labor Standards Act (FLSA) is the federal law that sets the baseline for overtime pay — generally 1.5 times the regular rate after 40 hours in a week. But California’s rules are more favorable for employees, especially in professions with long shifts like nursing.
For example:
- Under federal law: If you work four 10-hour shifts (40 hours total), you may not receive overtime.
- Under California law: Those extra 2 hours each day beyond 8 hours qualify for overtime, even if you didn’t exceed 40 hours in the week.
This difference is significant for nurses who regularly work 10-, 12-, or 16-hour shifts.
Penalties for Overtime Violations
If your employer fails to pay overtime correctly, you may be entitled to:
- Unpaid overtime wages going back up to 4 years under California law (if pursuing under the Unfair Competition Law)
- Interest on the unpaid wages
- “Waiting time” penalties — up to 30 days of wages if your employer willfully fails to pay upon separation
- Attorney’s fees and legal costs if you win your case
- Statutory penalties under the Labor Code for other wage statement violations
Employers who systematically fail to pay overtime can also face class action lawsuits from groups of affected employees.
What Counts as Overtime for Nurses
For nurses, overtime doesn’t just mean staying late after your shift. You may be owed overtime if:
- You worked beyond your scheduled hours, even without prior approval.
- You worked during a meal or rest break.
- You had to arrive early to prepare for your shift or stay late to complete tasks.
- You worked more than 8 hours in a single day or 40 hours in a week, regardless of whether you are paid weekly or biweekly.
Steps to Take if You Suspect an Overtime Violation
1. Document Your Hours
Keep your own record of start times, end times, and breaks — don’t rely solely on the employer’s timekeeping system.
2. Save All Pay Stubs and Schedules
These can show patterns of underpayment or missing overtime.
3. Preserve Communications
Emails, texts, or memos about working off the clock or skipping overtime pay are valuable evidence.
4. Talk to an Attorney Early
Employers sometimes retaliate against employees who complain internally. Speaking with a lawyer first protects your rights.
RN Counsel: Protecting Nurses, Enforcing the Law
At RN Counsel, we don’t just know the law — we live and breathe nurse advocacy. We have successfully represented nurses across California in recovering unpaid overtime, penalties, and interest from hospitals, clinics, and staffing agencies.
When you hire us, you get:
- A law firm focused exclusively on protecting nurses
- Attorneys who know the healthcare industry and its scheduling realities
- Aggressive representation to recover what you’re owed
- No upfront fees — we only get paid if we win your case
If you’ve worked long hours without the overtime pay you deserve, it’s time to take action. Don’t wait — you may have limited time to file your claim.
📞 Call RN Counsel today at (424) 252-4711 for a free, confidential consultation with one of our qualified attorneys. Let us review your case, explain your rights, and fight for the pay you’ve earned.
FAQs: Overtime Rights for Nurses
Can my hospital require mandatory overtime?
Yes, but it must be paid according to the law. California does not prohibit mandatory overtime for most nurses, but certain union contracts may have additional protections.
I’m a traveling nurse — do these rules still apply?
Yes. If you work in California, California’s overtime laws apply regardless of where your agency is based.
I’m paid a salary. Does that mean I’m not entitled to overtime?
Not necessarily. Many nurses are misclassified as exempt; the title alone does not remove your overtime rights.
My overtime rate looks too low. Why?
Your employer may not be including all forms of pay — such as shift differentials — in your regular rate, which is required.
What if I agreed not to be paid overtime?
You cannot waive your right to overtime pay under California law.