Nurses and certified nurse assistants: overtime.

Existing law generally requires the workweek of state employees to be 40 hours, and the workday of state employees to be 8 hours. Under existing law, it is the policy of the state to avoid the necessity for overtime work whenever possible. This bill would, commencing January 1, 2016, prohibit a nurse, defined as a registered nurse or a licensed vocational nurse, or a certified nursing assistant (CNA) , employed by the State of California in a state facility, as defined, from being compelled to work in excess of the regularly scheduled workweek or work shift, except under certain circumstances, including the occurrence of a catastrophic event in a state facility. This bill would prohibit a state facility from discriminating, dismissing, discharging, or making an employment decision adverse to the nurse or CNA for his or her refusal to accept those additional hours, and would specify that a refusal to accept those additional hours does not constitute patient abandonment or neglect, as specified. The bill would require management and supervisors to consider employees in a specified order of priority in order to fulfill the additional staffing needs of a facility. This bill would enact other related provisions. The bill would make a statement of legislative intent with regards to prohibiting mandatory overtime for nurses and CNAs employed by the State of California in a state facility.