California Legislature—2013–14 Regular Session

Assembly BillNo. 2155


Introduced by Assembly Member Ridley-Thomas

February 20, 2014


An act to add Section 19851.2 to the Government Code, relating to state employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2155, as introduced, Ridley-Thomas. 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 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. This bill would enact other related provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 19851.2 is added to the Government
2Code
, to read:

3

19851.2.  

(a) As used in this section:

4(1) “Nurse” means all classifications of registered nurses
5represented by State Bargaining Unit 17, or the Licensed
6Vocational Nurse classifications represented by State Bargaining
7Unit 20.

8(2) “CNA” means all Certified Nursing Assistant classifications
9represented by State Bargaining Unit 20.

10(3) “Facility” means any mental hospital, youth or adult
11correctional facility, developmental center, veteran’s home, school,
12or worksite in which a nurse or CNA works as an employee of the
13state.

14(b) A facility shall not require a nurse or CNA to work in excess
15of a regularly scheduled workweek or work shift. A nurse or CNA
16may volunteer or agree to work hours in addition to his or her
17regularly scheduled workweek or work shift but the refusal by a
18nurse or CNA to accept those additional hours shall not be grounds
19for discrimination, dismissal, discharge, or any other penalty or
20employment decision adverse to the nurse or CNA.

21(c) This section shall not apply in any of the following situations:

22(1) To a nurse or CNA participating in a surgical procedure
23until that procedure is completed.

24(2) If a catastrophic event occurs in a facility and both of the
25following factors apply:

26(A) The catastrophic event results in such a large number of
27patients in need of immediate medical treatment that the facility
28is incapable of providing sufficient nurses or CNAs to attend to
29the patients without resorting to mandatory overtime.

30(B) The catastrophic event is an unanticipated and nonrecurring
31event.

32(d) Nothing in this section shall be construed to affect the
33Nursing Practice Act (Chapter 6 (commencing with Section 2700)
34of Division 2 of the Business and Professions Code), the Vocational
35Nursing Practice Act (Chapter 6.5 (commencing with Section
362840) of Division 2 of the Business and Professions Code), or a
P3    1registered nurse’s duty under the standards of competent
2performance.



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