Singh v. Superior Court

Opinion

ZELON, J.

This petition for writ of mandate asks us to determine when health care employees working beyond an alternative workweek schedule of three 12-hour days are entitled to receive overtime pay. To answer that question, we must decide whether the regulatory authority for such overtime is section 3(B)(1) or section 3(B)(8) of the Industrial Welfare Commission Wage Order No. 5-2001 (Wage Order 5, found at Cal. Code Regs., tit. 8, § 11050, subd. 3(B)(1), (8)). Because the plain language of Wage Order 5 supports the superior court’s determination that section 3(B)(8) controls, we deny…