Singh

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 the petition.

FACTUAL AND PROCEDURAL BACKGROUND

The following facts are undisputed. Real parties in interest UHS of Delaware, Universal Health Services of Delaware, and Universal Health Services operate Lancaster Community Hospital (jointly Lancaster). Pursuant to existing wage laws, in November 2000, two-thirds of Lancaster’s Medical/Surgical Unit nurses elected by secret ballot an alternative workweek schedule of three 12-hour days (3/12).

In April 2001, Lancaster employed petitioner Parminder Singh as a registered nurse. Singh signed an agreement in accordance with the adopted alternative…