Traveling & Contract Rights
Traveling & Contract Rights for Nurses in California
Travel nursing can be a rewarding way to see new places, gain diverse clinical experience, and earn competitive pay. But whether you’re on a 13-week travel contract or a longer placement, you still have the same rights under California labor laws as any other nurse working in the state.
Unfortunately, many staffing agencies and healthcare facilities fail to follow the law when it comes to paying and protecting traveling and contract nurses. From unpaid overtime and housing stipend issues to wrongful early termination, these violations can leave nurses with lost income and legal headaches.
At RN Counsel, we represent traveling and contract nurses across California in disputes involving wages, contract breaches, and unsafe working conditions. We know the travel nurse industry, the laws that apply, and the tactics employers use — and we fight to protect both your paycheck and your professional reputation.
Your Rights as a Traveling or Contract Nurse in California
Regardless of what your agency or facility tells you, if you are working in California as a nurse:
- You are covered by California labor laws, even if your employer is based in another state.
- You are entitled to California’s overtime rules, meal and rest break protections, and minimum wagerequirements.
- You must be reimbursed for work-related expenses (e.g., mileage between assignments, required uniforms).
- If your housing stipend or travel reimbursement is part of your wages, it must be paid as agreed in your contract.
- You cannot be retaliated against for reporting unsafe conditions or legal violations.
Common Legal Issues for Traveling & Contract Nurses
Nurses may be eligible to join or start a class action lawsuit for violations such as:
Unpaid Overtime
California’s daily overtime rules apply — more than 8 hours in a day must be paid at 1.5x, and more than 12 hours at double time. Many agencies wrongly follow federal weekly-only overtime rules instead.
Housing Stipend Disputes
Stipends must be paid in full as agreed, unless your contract clearly states conditions for reduction. Reducing housing stipends mid-contract without valid reason may be a breach.
Guaranteed Hours Violations
If your contract guarantees a certain number of hours per week, you must be paid for those hours even if the facility cancels shifts.
Expense Reimbursement Failures
Required expenses — licensing fees, mandatory training, travel between assignments — must be reimbursed under California Labor Code § 2802.
Early Termination Without Cause
If an employer ends your contract early without cause, they may be liable for lost wages, unpaid stipends, and other damages.
Misclassification as Independent Contractor
Many travel nurses are wrongly classified as independent contractors to avoid paying benefits and overtime.
Unsafe Assignments and Ratio Violations
California’s nurse-to-patient ratio laws apply to travel nurses as well as permanent staff.
Contract Clauses to Watch For
Before signing a travel or agency contract, pay special attention to:
- Guaranteed Hours – Are they clearly stated, and do they specify pay for canceled shifts?
- Housing and Stipend Terms – Are amounts and payment schedules guaranteed?
- Cancellation Policies – What notice must each party give?
- Floating Requirements – Can you be assigned to units outside your specialty?
- Overtime Pay Rate – Does it comply with California’s daily and weekly overtime laws?
- Break Policy – Does it guarantee meal and rest periods in compliance with state law?
- Termination Clauses – Under what conditions can the contract be ended?
How California Law Protects Traveling Nurses
Even if your contract says otherwise, California labor law overrides any term that reduces your legal rights. For example:
- Overtime – You cannot waive your right to California’s daily overtime rules.
- Meal and Rest Breaks – Contracts cannot eliminate your right to these breaks.
- Minimum Wage – Stipends cannot be counted toward minimum wage compliance unless properly designated and documented.
- Reimbursements – Employers must pay back all necessary work-related expenses.
Real-World Example: Guaranteed Hours Dispute
A travel nurse contracted for 36 hours/week at a California hospital had 8 hours canceled every week for three months due to “low census.” The agency refused to pay for the canceled hours. Under California law and her contract terms, she was entitled to payment for all guaranteed hours, and with legal representation, she recovered the lost wages.
Steps to Take if You Have a Contract Dispute
1. Save Your Contract and All Amendments
Keep the original signed copy and any email confirmations.
2. Track Your Hours and Cancellations
Maintain your own detailed work log.
3. Document Expenses and Reimbursements
Keep receipts and mileage records.
4. Get Communications in Writing
Confirm any changes to terms or schedules in email or text.
5. Contact an Attorney Early
The sooner you act, the more options you have.
RN Counsel: Protecting Traveling and Contract Nurses
At RN Counsel, we know the unique challenges traveling and contract nurses face — from unclear contract terms to outright wage theft. We’ve represented nurses in disputes with both staffing agencies and hospital systems, recovering unpaid wages, enforcing contract guarantees, and holding employers accountable for unsafe assignments.
When you choose RN Counsel, you get:
- Attorneys focused exclusively on nurses’ rights
- Experience in both employment law and the healthcare industry
- Aggressive advocacy to enforce your contract and California labor laws
- No upfront fees — we only get paid if we win
If you’re a traveling or contract nurse working in California and have experienced unpaid wages, stipend issues, unsafe assignments, or early termination, you may be entitled to compensation and legal protection.
📞 Call RN Counsel today at (424) 252-4711 for a free, confidential consultation with one of our qualified attorneys. We’ll review your contract, analyze your work conditions, and take action to protect your rights and your career.
FAQs: Traveling & Contract Rights for Nurses
My agency says I’m not entitled to California overtime because they’re based out of state. Is that true?
No. If you work in California, California overtime laws apply regardless of your employer’s location.
Can my agency reduce my housing stipend mid-contract?
Not unless your contract clearly allows it under specific conditions
What if the hospital cancels my shifts?
If your contract guarantees hours, you may still be entitled to full pay.
Can I be floated to a unit I’m not trained for?
Only if your contract allows it and it complies with California patient safety laws.
What if my contract says I’m an independent contractor?
If you meet the legal definition of an employee, you may be misclassified and entitled to employee protections.