Ninth Circuit Finds Shift Pay Flexibility Under Fair Labor Standards Act

In the 24/7 healthcare industry, thirty-six hour workweeks comprised of three 12-hour shifts are popular with nurses - more free time, ability to pick up additional shifts, and less time spent commuting are some of the advantages. Different pay for different shifts - more desirable versus less desirable - is commonplace, and it is not uncommon to work for multiple rates of pay in a single pay period. Falling under the heading of "no good deed goes unpunished," accommodating popular 12-hour shifts while trying to keep the menu of shift options cost-neutral resulted in an FLSA class action for unpaid overtime against a California hospital. Parth v. Pomona Valley, Case No. 08-5502 (9th Cir. November 18, 2010)

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