PARMINDER v. THE SUPERIOR COURT OF LOS ANGELES COUNTY
Filed 6/12/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| PARMINDER SINGH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent, UHS OF DELAWARE, INC. et al., Real Parties in Interest. | B187797 (Los Angeles County Super. Ct. No. BC322077) |
ORIGINAL PROCEEDING; petition for writ of mandate. James C. Chalfant, Judge. Petition denied.
Initiative Legal Group, Mark Yablonovich and Marc Primo for petitioner.
No appearance for Respondent.
Cotkin, Collins & Ginsburg, William D. Naeve, Ellen M. Tipping and Terry L. Kesinger for Real Parties in Interest.
Ogletree, Deakins, Nash, Smoak & Stewart, Paul M. Gleason and Dominick C. Capozzola for Torrance Memorial Medical Center as Amicus Curiae on behalf of Real Parties.
Sheppard Mullin Richter & Hampton, Richard J. Simmons and Derek R. Havel for California Hospital Association as Amicus Curiae on behalf of Real Parties.
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).).[1] 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 UHS of Delaware, Universal Health Services of Delaware, and Universal Health Services operate Lancaster Community Hospital (jointly â€
