Hospital workers are notoriously underappreciated. They generally work long hours and face significant stress in their daily work. Therefore, many workers have questions regarding how overtime pay should be structured or if they are eligible at all.
Overtime and Exempt Workers
Regarding overtime, employees are classified into two categories based on their eligibility for overtime pay. These are determined based on several position characteristics, and many hospital workers will qualify. Some exemption criteria that may affect hospital workers, according to the Department of Industrial Relations (DIR), include:
- Executive and administrative employees
- Computer software employees
- An employee engaged in work that is primarily intellectual, managerial, or creative and requires discretion and independent judgment
These exemptions generally also require that the employee earns at least twice the minimum wage in a monthly salary for full-time employment or 40 hours per week. As of 2024, the California minimum wage is $16.00 per hour, but the DIR reports an anticipated increase for healthcare workers between October of 2024 and January of 2025. This increase could significantly impact the earnings of healthcare workers, so it’s important to stay informed about these changes. Talking to an employment law attorney in San Francisco or anywhere in California is a good alternative to take in case you or your loved one needs guidance regarding information and overall changes.
Non-Exempt Hospital Workers
The conditions of exemption status of a hospital worker are multifaceted. For example, a registered nurse may be considered a non-exempt employee if they are paid a monthly salary below 2x the state minimum wage based on a 40-hour work week. According to California labor laws, they would be eligible for overtime pay at this pay rate. The conditions at which they are due overtime pay include if you work:
- More than 40 hours a week
- 10 hours a day (1.5x hourly rate)
- More than 12 hours (2x hourly rate)
- More than six days in a row
Exceptions to Non-Exempt Overtime
Hospital workers don’t always work a standard schedule, and many choose to work what is known as an alternative workweek schedule. Examples of this would be schedules that work four 10 hour days and have three days off. If you work an alternative workweek schedule and are a non-exempt worker, you can expect overtime when your work exceeds 40 hours in the work week or more hours in the day than the schedule generally allows.
For example, if your schedule says you work 10-hour shifts four days a week, but you work 11 hours each one day, 9 hours the next, and 10 hours the following day, you may still be eligible for overtime because you exceeded those 10 hours in a single day.
Recovering Unpaid Wages
If you are not receiving the overtime you are due based on your current position and pay structure, you can take steps to rectify the issue by speaking with your employer. If you are unable to come to an agreement, you may choose to speak with an overtime, wage, and hour attorney in San Francisco or file a wage claim through the DIR.