One of the most compelling letters that has come into my County office arrived last week. It was from a nurse at Sutter Davis Hospital. I have copied the letter below with permission of the author but removed her name.
Former Assemblyman Knox authored this bill that was signed by Governor Davis in 1999.
This bill took effect on January 1, 2000 and heavily regulated the work day. The proponents argued that this was necessary to "protect" workers. The opponents (most every business group in the state) felt that these restrictions would do away with the flexibility needed to run a business.
This letter makes exactly the point that was made during the 1999-2000 legislative session. Nurses and others are in a position that this law is hurting more than it is helping.
Little is done to evaluate major policy changes in California. There is no doubt in my mind that if AB 60 (Knox) is one of the worst job killers in California’s history.
Unfortunately for this nurse her professional association — the California Nurses Association supported the bill. Maybe they would consider sponsoring the effort to revoke this failed policy.
As a Registered Nurse in the state of California, I am writing to request your consideration that a professional exception be granted to healthcare workers, specifically registered Nurses (RNs), surrounding the AB60 Law and Subsequent Murphy decision. AB60 has removed and the flexibility for Emergency Room Nurses in taking their meal break.
In order to avoid an unnecessary increase in missed meal penalties and wages, the 12 hour day shift nurses (7:00am to 7:00pm) Emergency Room Nurses at Sutter Davis Hospital must take their meal breaks between the hours of 10:00am and 12:00noon or between 2:00pm and 4:00pm. The normal meal hours between 12:00noon and 2:00pm and the flexibility related to patient census are no longer acceptable due to the restrictions on AB60 which require meal breaks to be taken before the fifth hour of the start of a shift and within the last five hours before the end of a shift. The 12 hour night shift nurses (7:00pm to 7:00pm) are equally compromised. The flexibility of meal break times is necessary to maintain safe levels of care correlated with the ebb and flow of the patient acuity and census within our Emergency Department.
The additional expense to the hospital from missed meal penalty wages as a result of the restrictions of AB60 will ultimately affect our affordability of health care to our patient population.
I am asking for your assistance in returning the flexibility of meal times to our California Registered Nurses.