Singh v. Superior Court (UHS of Delaware, Inc.), 140 Cal. App. 4th 387 (2006)
Singh, a registered nurse, worked an alternative workweek schedule of three 12 hours per day. Singh brought a class action seeking overtime pay for all hours worked beyond his regularly scheduled alternative workweek of 36 hours per week. He argued that the general overtime provision under Section 3(B)(1) of Wage Order No. 5 mandates overtime for every hour worked beyond the regularly scheduled alternative workweek schedule. The employer, hospital argued that Section 3(B)(8) of the Wage Order, which applies specifically to health care employees on a 3 day, 12 hours per day, alternative workweek schedule, entitles only health care workers, who provide direct patient care, to overtime after they work over 40 hours in a workweek. The Court of Appeal agreed with the employer, noting that in promulgating Wage Order No. 5, the Industrial Welfare Commission elected not to consider a proposal to adopt premium pay for hours 36 to 40 in a 3 day, 12 hours per day, alternative workweek. The Court held that the plain language of Wage Order No. 5 is clear that Section 3(B)(8) controls overtime pay for health care employees working the 3 day, 12 hours per day, alternative workweek schedule, and trumped the more general provisions of Section 3(B)(1) regarding alternative workweek schedules. As such, healthcare employees who work the 3 day, 12 hours per day alternative workweek schedule, are only due overtime when they work more than 40 hours in a workweek.

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