Black Monday, August 23, 2004

[barefootlady]

I know this topic has been discussed before, but if it is in the wrong place then the moderators will move it or delete it. So here goes. Has anyone here been given any concrete, black and white printed information on how the new law regarding overtime will effect your pay, your job, or your responsibilities starting on Monday, August 23, 2004? I know several management types or one of a kind nurses have posted in other areas about the guidelines they have been given. I am wanting to hear from the everyday floor/staff RN. How do many of the members here plan to handle a change if one has been presented to you? Guys, this is a big change for us, so lets all jump in and come up with solutions and points of view that will help us all. Thanks for taking time to read this post and I look forward to reading the answers.

[Spidey's mom, ADN, BSN, RN]

Okay, ok, you have the right to shout!

There's something I want to shout, too:

HIPAA NOT HIPPA!

Anyway, lol, the new overtime law is vaguely written, and although I have read it several times, I'm still not understanding the whole thing. People who are paid a salary never got overtime, anyway.

That bugs me too . . . . I remember it by saying it is NOT a hippo (two "p's").

steph

[jemb]

There's something I want to shout, too:

HIPAA NOT HIPPA!

We can shout together on that one! :chuckle

[P_RN, ADN, RN]

We can shout together on that one! :chuckle

Then there's HIPPER egulations said like it's one word.

[RN4NICU, LPN, LVN]

Have to add that I believe a lot of confusion has been generated from people not realizing that they are not paid a 'salary' if their wages are determined hourly. Media report don't help either. A lot of on air reporters just read whatever is put in front of them without any real comprehension of the subject, and manage to create hysteria where it doesn't need to be.

This is not entirely true in all cases. I have in my hand a contract that is used to sucker poor new graduate nurses (and unsuspecting experienced nurses) at a hospital I used to work in (they are told sign it or work elsewhere, and the poor folks sign it - I laughed in the nurse manager's face when it was presented to me during orientation, telling her this was NOT what I had agreed to in the interview. I told her if that was going to be the deal, she could find someone else and I would quit then and there and I was DEAD SERIOUS. She backed off and gave me my requested schedule)

A quote from the contract:

"The RN will be paid a base salary of $_____ per two-week pay period. The RN will be paid on a salary basis with a minimum guarantee of 72 hours per pay period..."

In the interview, you are quoted an hourly wage and the "salary" is based on the hourly wage x the number of hours you are hired to work in a two-week period (it was 84 hours for this particular unit), but you are a SALARIED staff nurse if you are dumb enough to sign that contract. On the one hand, if the hospital cancels you for low census, you get paid for your 72 guaranteed hours anyway. On the other hand, you do not earn 1.5x for OT until you work more than 84 hours/2 weeks, as is stipulated later on in the contract. I think you can see where administration could get stupid and try to take the OT away. It would be a very dumb move, but not one that would surprise me.

The only people that fell for this one were the new grads. No surprise that probably 85% of the unit's staff were new grads (they probably thought it was like that everywhere). I now put nothing past greedy hospital administration, but I will leave nursing before I will be forced to work overtime without compensation.

[OC_An Khe]

Just remember that an employer,unless preclided by a union contract, can change your compensation from hourly to salary any time they wish too. Don't be so sure that you can not lose your OT if you are pid hourly.

[BBFRN, BSN, PhD]

If you are paid hourly and not salaried ($X per week or month regardless of how many hours you work during that period), the new law will not affect you.

Read the NEW definition of SALARIED and study the NEW 2 pronged exemption test. The new law WILL affect RNs- otherwise, the Obey Amendment would've passed, and RNs would be specifically protected.