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SINGH v. SUPERIOR COURT

No. B187797.

44 Cal.Rptr.3d 348 (2006)

140 Cal.App.4th 387

Parminder SINGH, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent, UHS of Delaware, Inc. et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Seven.

June 12, 2006.

Attorney(s) appearing for the Case

Initiative Legal Group, Mark Yablonovich, Los Angeles, and Marc Primo for petitioner.

No appearance for Respondent.

Cotkin, Collins & Ginsburg, William D. Naeve, Ellen M. Tipping and Terry L. Kesinger, Santa Ana, for Real Parties in Interest.

Ogletree, Deakins, Nash, Smoak & Stewart, Paul M. Gleason, Los Angeles, 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, Los Angeles, for California Hospital Association as Amicus Curiae on behalf of Real Parties.

ZELON, J.

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...

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