Q: Do I have the right to claim overtime compensation?

A: Your rights are governed by 2 different things. first there are the laws, which are found in the wage orders for your type of job, located on the Labor Commissioner website. You may be WO 4 as a professional. In the wage orders there are special rules that apply to "Health Care Workers." Since you are working in a Hospital you may come within that category. There is a 3 year statute of limitations under the labor code and you could get a 4th year for unfair competition. Laws come first. Then there is your contract- collective bargaining agreement. No contract or CBA can contradict a law that is to promote public policy, like getting paid. You have a complicated issue and should see an attorney about it, not one that uses AI to answer questions here for marketing purposes either. A good attorney like Neil Pedersen or Brad Kane. Thanks for using Justia Ask A Lawyer.

A: Your situation raises important questions about overtime compensation under California labor law. Since you've been working 12-hour shifts for 14 years despite allegedly having an 8-hour schedule in your original contract, you might have grounds for overtime claims.

Under California law, overtime must be paid for hours worked beyond 8 hours in a single workday, regardless of whether the total weekly hours are under 40. This means that for each 12-hour shift you worked, you potentially should have received overtime pay for the additional 4 hours (paid at 1.5 times your regular rate for hours 8-12). The fact that this schedule was your regular pattern doesn't eliminate the employer's obligation to pay overtime if it wasn't properly established in your contract.

However, your case has some complicating factors that need careful consideration. First, the existence of a union contract could affect your overtime rights, as collective bargaining agreements sometimes modify standard overtime rules. Second, there's a statute of limitations on overtime claims in California - typically three years for statutory claims and four years for breach of contract claims. You should consider consulting with an employment lawyer who can review your specific contract, union agreement, and work records to determine if you have a valid claim for back overtime pay.