10- to 12-hour shift employees must be entitled to additional pay

Q: I WORK as a nurse in a hospital on a 12-hour shift, three days a week. Because of the realities of patient care, we often find ourselves working an extra 30 minutes to an hour per shift finishing up paperwork. We are not paid for the extra time.  There are times when I am asked to work a 4th day during the week for another 12 hours but I am not paid overtime. However, there are also days, when there are few patients in the unit and I am sent home after having worked a few hours already. I am unable to take my lunch breaks because I have no reliever. What are my rights? 
A: Employees of the health care industry often work on what’s officially called Alternative Workweek Schedules (AWS). AWS agreements are implemented by employers who require their employees to work up to ten or twelve hours per day within a 40-hour workweek without overtime pay. (The implementation of AWS must be agreed to by the employees following an election procedure regulated by law.)
Time and a Half and Double Time Payments
All work performed in any workday beyond the schedule established by the AWS agreement up to 12 hrs a day or beyond 40 hours per week shall be paid “time and a half.”  All work performed beyond 12 hours per day shall be paid “double time.” Also paid double time are hours worked beyond eight (8) hours on those days worked outside the regularly scheduled number of workdays established by the AWS agreement.  For example, if the employee already worked three 12-hours shifts for the week, and was asked to work an additional 12-hour shift on a fourth day, then the employee’s hours worked in excess of 8 hours for the fourth day must be paid double time.
Time and a Half for working lesser hours
If the employer has AWS agreements with its employees and then requires an employee to work fewer hours than those regularly scheduled by the AWS agreement, the employer is subject to a short-shift penalty. The employer must pay the employee time and a half if the employee worked more than 8 hours for the day the employee is required to work the reduced hours. In other words, for the day the employee is required to work the reduced hours, the workday is treated as if it is not part of the AWS agreement and all overtime in excess of 8 hours must be paid accordingly.
Meal breaks
Under the law non-exempt employees are entitled to a 30-minute uninterrupted meal period for every 5 hours of work. Employees on a 12-hour shift in the healthcare industry are entitled to a second 30-minute meal period. They may voluntarily waive their right to one of their two meal periods in writing only. Because the law requires a mutual agreement, an employer cannot require an employee to waive the right to a meal period.
If the meal break is not provided as required by law, the employer shall pay the employee one additional hour of pay at the employee’s regular rate for each workday that the meal break is missed.  Additionally, if the employer fails to provide a meal break to an employee who works 12 hours per day, the missed 30 minutes is added as time worked. Hence, the employee may be entitled to additional overtime pay if the employee’s shift has now extended to 12 hours and 30 minutes. Any work beyond 12 hours per day by nonexempt employees must be paid double time.
Rest breaks
Employees who work 12 hours per day are also entitled to at least three 10-minute rest breaks. If the employee missed any of these rest breaks, she or he is entitled to an additional one hour pay at the regular rate. If an employee missed both a meal break and a rest break, the employee becomes entitled to an additional two hours of pay at the employee’s regular hourly rate. For nurses working a 12-hour shift who did not waive, and were not provided, a second meal break, and were not provided a third rest break, they may be entitled to two additional hours of pay.

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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and employers.   He has been selected as a Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum – a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy.  He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations.  His litigation practice concentrates in the following areas: wage and hour (overtime) litigation, serious personal injuries, wrongful death, insurance claims, and unfair business practices.  His law firm is currently class counsel to thousands of employees seeking payment of wages in California courts. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.  Inquiries to his law office are welcome and at no cost.