When Do Workers Who Have an Alternative Workweek Agreement Get Overtime?

In Singh v. Superior Court (UHS of Delaware, Inc.), the Second District Court of Appeal considered an interesting case of first impression: whether section 3(B)(1) or section 3(B)(8) of Wage Order 5 regulates overtime pay for health care employees on the 3/12 alternative workweek schedule.

The employer argued that, under section 3(B)(8), health care employees on the 3/12 alternative workweek schedule are entitled to overtime (time-and-a-half) pay only after completing their 40th hour of work in a workweek. The employee argued that the general overtime provision under section 3(B)(1) entitles them to overtime pay whenever they exceed their regularly scheduled alternative workweek schedule.

The employer won. The court held that the plain language of Wage Order 5 makes clear that section 3(B)(8) controls overtime pay for health care employees working a 3/12 alternative workweek schedule. Healthcare workers on an alternative workweek agreement do not qualify for daily overtime.

You can download Singh here in pdf or Word format.

Comments

[Carol Jandebeur]

I have two questions. If your employees punch in and out at the incorrect time how do we determine pay. Forenstance an employee shift starts at 8am and he punches in at 745am how can we not pay for overtime other than using corrective action? The second question is: If an employee works in a sleep diagnostic lab and cannot leave the work area for lunch but does receive pay is there a legal problem?

[michael walsh]

An employer is responsible for paying an employee for all time worked. If the employee clocks in at 7:45 and begins working, that time is compensable. If the employee clocks in at 7:45 but does not work until 8:00, the timesheet should be corrected by the employee.

[Ronald Smith]

Are the 12/36 shifts only available to healthcare or can other indrustries, like Security Officers use 12/36 shifts? I see the provision for 10 hour shifts, but that is it.

[Ronnie Marciari]

Is a Sick day or Holiday, that you are being paid
for count as hours in your workweek, if you mst work forty hours for overtime