California · ambulance 24-hour sleep exclusion
California ambulance sleep / meal OT
IWC Wage Order 5 § 3(J) / Wage Order 9 § 3(K) / Monzon v. Schaefer Ambulance Service (1990) 224 Cal.App.3d 16 / DLSE opinion letter 29 May 1998: ambulance drivers and attendants on a 24-hour shift may agree in writing to exclude from daily time worked ≤3 meal periods of ≤1 hour each and a regularly scheduled uninterrupted sleeping period of ≤8 hours (employer must furnish adequate dormitory and kitchen facilities). Monzon: if uninterrupted sleep is under 5 hours, the entire sleep period is hours worked. Remaining hours → Lab. Code § 510 daily 8/12 / 7th day / weekly 40 no-stack. Example: 24h + 8h sleep + 3×1h meals @ $25 → $400 (no-exclusion full tour $950). Not FLSA 785.22 sleep card. Not CA single-rate OT. Not CA residential care. Not CA AWW healthcare 12.
How ambulance 24-hour exclusion pays
Start with the on-duty tour (identical in/out = 24 hours). With a written WO 5 § 3(J) / WO 9 § 3(K) agreement: subtract agreed meal periods (capped at three hours) and subtract regularly scheduled uninterrupted sleep up to eight hours — but only if the employee actually got at least five hours of uninterrupted sleep. Without the agreement, or on a tour under 24 hours, the exclusion does not apply.
This calculator then classifies the remaining hours under LC 510: 1.5× after 8 through 12 and for the first 8 on the seventh day of work; 2× after 12 and after 8 on the seventh day; weekly 40 with no stacking. The ticket also shows the full-tour LC 510 contrast (no sleep/meal exclusion) on the same punches.
24h tour + agreement + 8h sleep + 3×1h meals @ $25 → 13h worked → 8 ST + 4 OT + 1 DT = $400 (full-tour $950).
Same tour, only 4h uninterrupted sleep → sleep stays in; 21h worked → $800.
Same tour, no written agreement → 24h worked → $950.
Two such 13h tours in one week → 16 ST + 8 OT + 2 DT = $800.
Sources
- IWC Wage Order 5-2001 (Public Housekeeping) — § 3(J) ambulance drivers and attendants
- IWC Wage Order 9 (Transportation) — § 3(K) ambulance drivers and attendants
- DLSE opinion letter 29 May 1998 — sleep periods under Orders 5-98 / 9-98; Monzon 5-hour gate
- Monzon v. Schaefer Ambulance Service (1990) 224 Cal.App.3d 16
- DIR DLSE Overtime Exceptions FAQ
- Cal. Lab. Code § 510 — daily 8/12, seventh day, weekly 40
FAQ
How is ambulance 24h OT calculated?
On-duty 24h − agreed meals (≤3h) − uninterrupted sleep (≤8h, only if ≥5h obtained) = hours worked; then LC 510 8/12/7th/40.
Same as FLSA § 785.22 on /flsa-8-80/?
No. That card stops at hours worked. This page adds WO 5/9 ambulance text, three 1-hour meal exclusions, and LC 510 daily/seventh/weekly classification.
What if sleep is interrupted below five hours?
Monzon / DLSE: the entire sleep period counts as hours worked. Meal exclusions under the written agreement can still apply.
Same as /california-overtime/?
No. That page has no 24h ambulance sleep/meal exclusion — a 24h identical tour is not treated as 24h there (identical punches = 0 under ordinary shift math).
Same as /california-residential-care-overtime/?
No. Residential care uses WO 5 § 3(A)(2) after-40 / after-48 / after-16. This page is the ambulance § 3(J) exclusion + LC 510.
Who is covered?
Ambulance drivers and attendants scheduled for 24-hour shifts under IWC Orders 5 or 9, with a written exclusion agreement and adequate dormitory/kitchen facilities. Private EMS / ambulance payroll is the commercial path. Under-24h shifts stay on ordinary LC 510.