Mandatory Overtime for Nurses: Is It Legal in California?

Jul 01, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

In the world of healthcare, nurses are the backbone of patient care. They work long hours, juggle multiple patients, and are responsible for critical decisions that can mean the difference between life and death. But when their shifts are unexpectedly extended, or they’re required to work beyond their scheduled hours, the question has to be asked: “Is mandatory overtime legal in California?”

While California has some of the strongest labor protections in the country, there are nuanced laws that govern when and how nurses can be required to work overtime. If you’re a nurse or healthcare employer trying to navigate the complex gray area of overtime, it is important to understand your rights and obligations under California labor law.

What is Mandatory Overtime?

Mandatory overtime occurs when an employer requires an employee to work more hours than scheduled, often without the employee’s voluntary consent. In the healthcare industry, it might mean being forced to stay past the end of a shift or being called in on a scheduled day off without prior or proper notice.

While it is understandable why nurses and other medical professionals would be forced to work overtime in some circumstances, when it is constant, it can affect their well being. From physical fatigue to emotional burnout, nurses who are consistently forced to work mandatory overtime may not be able to perform their duties to their fullest and may risk making a mistake while on duty. California law strictly regulates the use of mandatory overtime in the nursing profession.

Is Mandatory Overtime for Nurses Legal in California?

According to the Fair Labor Standards Act, employers can enforce mandatory overtime, but only if they properly pay their employees at a rate of one and one-half times their current rate. In addition, California has further outlined overtime laws and regulations, specifically within California Labor Code 510 and 511.

However, for nurses, California Health and Safety Code 1276.5 dictates that every patient in a skilled nursing facility must get at least 3.2 hours of actual nursing care per day. With the amount of patients in a medical facility and California labor laws to adhere to, nurses can only work up to 12 hours per shift. Should any nurse be forced to work more than 12 hours within a 24 hour period, the medical facility would violate California labor laws and can be held liable for negligence.

Legal Exceptions to the Rule

While mandatory overtime is generally banned for shifts that go beyond 12 hours, there are specific exceptions when an employer may legally require a nurse to work beyond their scheduled hours.

Unforeseen Emergencies

Cases of unforeseen emergencies such as natural disasters, public health emergencies, a mass casualty event, or even a staffing shortage may require hospitals and other healthcare facilities to force nurses to work beyond their scheduled shift. However, even in such cases, employers must demonstrate that all reasonable efforts to obtain voluntary staffing were made first before resorting to mandatory overtime.

Alternate Workweek Schedules

California law allows some healthcare employers to implement an Alternate Workweek Schedule, where nurses work longer shifts such as 10 or 12-hour days without daily overtime pay. This is provided that the schedule was approved by a two-thirds vote of affected employees, properly reported to the Division of Labor Standards Enforcement (DLSE), and did not exceed 12 hours per shift. However, even under an AWS, employers cannot force nurses to work overtime beyond the approved schedule.

Public Employers and Union Contracts

Some public sector nurses, such as those working for the Department of Veterans Affairs or University of California hospitals, may be exempt from certain overtime protections due to their status as public employees or due to collective bargaining agreements. If a union contract specifies overtime policies, those terms may apply, however, it is important to have a full understanding of overtime policies before you try to file a claim.

Why Do Employers Still Try to Mandate Overtime?

Despite the legal restrictions, mandatory overtime abuse still occurs, because employers may face an unexpected demand during work or need to address staffing shortages. In some severe cases, employers may try to manipulate schedules to pressure nurses into staying longer or understaff departments to create a situation where refusal seems impossible. In these cases, affected nurses should know that California law protects them from coercion, retaliation, and wrongful termination tied to refusing mandatory overtime.

What Can Nurses Do If They’re Being Forced Into Overtime?

If you’re a nurse in California being forced to work overtime against your will, you have rights and you should not be forced to endure hardships. One of the first things you should do is to keep a detailed record of your scheduled hours, overtime requests, and if applicable, any threats, comments, or retaliatory actions for trying to decline any mandatory overtime.

By doing so, it will give your claim enough leverage for the Division of Labor Standards Enforcement to conduct an investigation. Should their investigation and actions not be enough to remedy the action, it is recommended to consult with a knowledgeable employment attorney who can lend their opinion and assistance.

You Don’t Have to Work Beyond Your Limits

Mandatory overtime may be a nationwide problem in nursing, but in California, no nurse should be forced to work beyond their scheduled shift, except in narrowly defined emergencies. Employers who break employment laws can – and should – be held accountable for their negligent actions.

If you’re a nurse in California dealing with illegal overtime demands, La Dama Justicia is here to help. With nearly 15 years of experience fighting for the rights of hardworking women and marginalized communities, our experienced team of employment attorneys have represented healthcare workers across the state and will fight to ensure your rights are upheld and your voice is heard.Contact us today by calling (844) 531-0323 or by filling out our online contact form for a complimentary case consultation.