HELP! Does your "on call" pay count toward 40 hrs?

canesdukegirl, BSN, RN · Oct 21, 2010

What state do you work in and hospital? We're all highfiving and can't wait to get out back checks! We do NOT get paid OT on that 4th day when we are over 40 hrs. Our HR dept. tries to act like this is seperate from coming in "on call". Thanks for the feedback, anyone else out there let us know how it works for you.

Oh, hold the phone there, Skippy in HR! The HR department is trying to say that the time you work OVER 40 hours is NOT considered OT? What planet are they from??? OF COURSE IT IS OT! It is against every labor law that I can think of (my brother is president of his union and I get to hear a lot of laws related to OT) to deny an employee OT pay if the contract that you signed specifically states your expected hours per week to work (eg 40) and you DO happen to work more than the stated hours. Dude, you are SO going to get a back check! High five!

BluegrassRN · Oct 21, 2010

Bluegrass, I think the labor laws state that anything over 40 hrs, is considered OT. It's not a different job, so I think coming in on call should count toward those 40 hours. You are getting paid how I am getting paid. I don't think it's right. Apparently lots of hospitals in the US are in trouble and having to pay their employers back pay checks for up to 2 years for this sort of thing.

No I'm not, you aren't reading my response correctly, or maybe I'm not explaining it clearly.

Let's say I'm scheduled on Thursday, Friday, and Saturday.

On Tuesday I take call, and get called in for 12 hours. If I do a regular call, I get paid my regular hourly rate on Tuesday. I work Thursday, I work Friday, and I'm excited because on Saturday I'm scheduled to work, and it'll be overtime, since I worked three days already. Except about an hour before my shift I get a call, saying "Oh, we're overstaffed, and since you will be in overtime, you can't come in to work." Which sucks because I slept all day, I'm ready to go, and worked extra early in the week so that I could get overtime later, but now I'm not, because they called me off. I had not choice in the matter about the Saturday shift, even though it was my regular shift.

So let's replay the scenario. Tuesday they call me to work extra. I demand premium pay (which is actually 1.65x our regular rate, not 1.5x). I work and get paid at the extra rate. I work Thursday, I work Friday, and on Saturday we're overstaffed, but when they call to make me take off, I say "Oh no way, I worked premium hours on Tuesday. You have send home the PRN staff and the less senior staff before you send me home." If I wanted to take the time off, I could, but it's my choice, not theirs.

See the difference? If I go into overtime on call hours, I get paid overtime; but if my call hours are early in the week, they can call me off on my regularly scheduled hours, so ultimately I *don't* get any overtime.

If I demand premium pay, I don't accrue PTO, but I am guaranteed my regular shifts AND the extra cash. See?

LDR-RN · Oct 21, 2010

Thanks everybody! We have got a new director that is great. We have pointed this out to her on our paychecks. She is speaking with our finance dept. right now. Even if they make it right from here on out, we are wanting our back pay. After researching it you can only get back pay for two years, but something is better than nothing. We are wondering how they could possibly be getting away with this for all these years. Has anyone ever seen this happen?

Got CPR? · Mar 22, 2012

LDR-RN,

Can you tell me how this turned out for you?

I have the same thing happening where I work. I'm to the point now where I'm refusing to work optional call shifts (at 1.5x) because I feel that I should get OT for anything worked over 40 hrs in that very same week. I feel it is illegal.

I'd love to hear how it turned out.

Thanks.

klone, MSN, RN · Mar 22, 2012

Let me know how it works at your hospital. I am scheduled 36 hours weekly. If I have a call day and come in, I get paid time and a half. My question is, lets say I come in on Monday "on call" and then I work three days in a row. On that 4th day, should I get paid time and a half once I am past my 40 hours? I think I should. I think that the call day shouldn't be counted as "seperate". I think legally it should be included in my 40 hours. How does it work at your hospital? Please help, me and my coworkers really think that we are being cheated!

On call/call in is separate from regular pay. I.E. it doesn't count towards the regular 40.

AnonRNC · Mar 22, 2012

It does NOT sound to me like you are entitled to more pay. Here's how it works in my (union) hospital:

Tuesday I accept Stand-by, and am called in for the whole 12hrs. I clock in as "call back" pay and get paid 1.5x for the whole 12hrs. Wed, Thurs and Friday are my regularly scheduled days. I work them and I get straight time. They cannot cancel me on Friday for being OT, because I'm NOT OT on Friday.

Now, THIS IS THE IMPORTANT PART, on my paycheck it shows:

36 hours REGULAR

4 hours CALL BACK OT

8 hours FLSA OT

So you see, they split up my call shift into two categories that pay me the same rate. FLSA is the Fair Labor Standards Act which is our legal entitlement to OT pay after 40 hours/week.

If I'm a parttime nurse, in that same scenario above I work Tues "call back" and just Wed/Thurs as my regular days, my paycheck shows

24 hours REGULAR

12 hours CALL BACK OT

THE OTHER IMPORTANT PART: my union is okay with this. That, to me, is the bottom line.

DixieRedHead, ASN, RN · Mar 23, 2012

First of all, check your hospital policy. If you get time and a half if you are on called and called in that is one thing. The policy should state whether or not if being "on call" gives you time and a half and if it counts toward 40 hours. If there is a payment for being on call that may figure in too.

Now, check your state law. You state law will tell you in all likelyhood that if you work over 40 hours you are entitled to time and a half.

caroladybelle, BSN, RN · Mar 23, 2012

You would have to check with HR.

The answer would depend on facility, state regulations, and if applicable, your union contract/agency contract.In many areas, you would only get paid regular time for up to 40 hrs in the week, and the extra pay would only be on the over 40 hr pay, while others would pay extra.

But as far as FEDERAL law, RNs are considered as exempt (professional, etc) employees and employers do not even have to pay any OT pay unless they state that they will do so, no matter how many hours we work.

Thus you need to review more local statutes and contracts, which vary greatly.

classicdame, MSN, EdD · Mar 23, 2012

I agree that you should be paid OT in this situation. Confer with HR first, then go online to your state labor dept for some clarification