Need to vent...being volunteered by someone else to do overtime...WHAT?! - page 4

So for the second weekend in a row, the NM at the HH agency where I work basically volunteers MY services to do the early morning shift on Sundays. This is besides the fact that I already work M-F... Read More

  1. Visit  jadelpn profile page
    0
    You are under no obligation to answer the phone on your time off. Unless you want the overtime hours. Otherwise, I just would not even answer. If they say something to you at work on Fridays, I would say "sorry, I have plans this weekend". And leave it at that.
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  3. Visit  hiddencatRN profile page
    0
    They're not paying you overtime???
  4. Visit  uRNmyway profile page
    0
    Nope, because apparently my office work and my field work are different. So if I do 40 hours a week at the office then 24 hours over the weekend of field work, that does not qualify as overtime pay to them. How legal is that?
  5. Visit  hiddencatRN profile page
    0
    Quote from Jeweles26
    Nope, because apparently my office work and my field work are different. So if I do 40 hours a week at the office then 24 hours over the weekend of field work, that does not qualify as overtime pay to them. How legal is that?
    And then they give you a hard time for requesting flex time? Are you non-exempt or exempt? I would quickly become unable to answer my phone over the weekend. And probably look in to filing a complaint with the Dept of Labor.
  6. Visit  uRNmyway profile page
    1
    Yea, Im seriously thinking about it. And the thing is, the office manager pulled the whole "You have a 2 year contract with us" when I told her the work was causing me so much stress (I am in the US on TN work status, but its not a sponsorship). Even if what they say is true, in the short amount of time Ive been there, I think I have enough on them that I could do some damage if they tried to mess with me. I need to find new work and fast...
    anotherone likes this.
  7. Visit  itsnowornever profile page
    0
    Quote from Jeweles26
    Yea, Im seriously thinking about it. And the thing is, the office manager pulled the whole "You have a 2 year contract with us" when I told her the work was causing me so much stress (I am in the US on TN work status, but its not a sponsorship). Even if what they say is true, in the short amount of time Ive been there, I think I have enough on them that I could do some damage if they tried to mess with me. I need to find new work and fast...
    That doesn't sound right with the hours. Work is work right? My husband is a police officer, his hours writing a report INSIDE are COMPLETELY the same as working patrol OUTSIDE...that's fishy! I'd definitely start seeing who you can complain too! Not legal advice, but perhaps a decent law suit! Sounds like they are holding your status above your head!
  8. Visit  uRNmyway profile page
    0
    I guess Ill just hold off unless they really start messing with me, or try to intimidate me any more than they are. But think about the media sensation if they tried to mess with me or threaten my employment any more...
  9. Visit  Esme12 profile page
    0
    Quote from Jeweles26
    Nope, because apparently my office work and my field work are different. So if I do 40 hours a week at the office then 24 hours over the weekend of field work, that does not qualify as overtime pay to them. How legal is that?
    It is perfectly legal. Your "office" can be considered executive and that you supervise others making that time exempt of federal labor laws....then you go "out to the field.
    http://www.dol.gov/compliance/guide/minwage.htm
    The
    following are examples of employees exempt from both the minimum wage and overtime pay requirements:

    • Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations) 1
    • Employees of certain seasonal amusement or recreational establishments
    • Employees of certain small newspapers and switchboard operators of small telephone companies
    • Seamen employed on foreign vessels
    • Employees engaged in fishing operations
    • Employees engaged in newspaper delivery
    • Farm workers employed on small farms (i.e., those that used less than 500 "man‑days" of farm labor in any calendar quarter of the preceding calendar year)
    • Casual babysitters and persons employed as companions to the elderly or infirm
    Now is that morally right? I don't think so. You can always call the the Department of Labor and ask them.
  10. Visit  KelRN215 profile page
    0
    Quote from Jeweles26
    Nope, because apparently my office work and my field work are different. So if I do 40 hours a week at the office then 24 hours over the weekend of field work, that does not qualify as overtime pay to them. How legal is that?
    Are you salaried in your office position? If so, you're probably "exempt" from overtime and that's how they can get away with it. That's also why they want you to do it on Sunday rather than a full-time field nurse who they'd have to pay overtime to.
  11. Visit  meanmaryjean profile page
    0
    My response is always "That's not going to work for me."
  12. Visit  uRNmyway profile page
    0
    No, I am not salaried. I have hourly wage. And I questioned the whole 'not getting paid for overtime' thing. They said that they just trade a day I work over the weekend for a day off later that I would get paid for. So basically, they just want to give me time off so I dont end up doing more than 40hours/week somehow.
  13. Visit  jadelpn profile page
    0
    What does your contract say? If you have a 2 year contract that says they can change your schedule at will, then I suppose they can. However, if you are in the US on some sort of work visa, I have the feeling that they are hoping you don't know about our labor laws. Or for some, NOT ALL, but SOME, working in the US is so appealling less than ethical places of employment will take full advantage. Or employees will put up with just about anything to keep a US job. Again, SOME not ALL. As a pp pointed out, however, this office work/field work thing is quite a little loophole in the labor laws.
    I would look closely at your contract with them. Unfortunetely, they may have a right under the contract to have you work whenever they choose. Seems if they are attempting to be "nice" about it by getting you to seemingly "agree" to these last minute switches, as I am sure that if you got fed up and ended up leaving they would be in a world of a mess. But for anyone who works under a contract, it seems to give the employers the advantage in the language. They are more apt to schedule their full time regular employees for the shift of choice, and fill in with their contractural employees.
  14. Visit  uRNmyway profile page
    0
    Quote from jadelpn
    What does your contract say? If you have a 2 year contract that says they can change your schedule at will, then I suppose they can. However, if you are in the US on some sort of work visa, I have the feeling that they are hoping you don't know about our labor laws. Or for some, NOT ALL, but SOME, working in the US is so appealling less than ethical places of employment will take full advantage. Or employees will put up with just about anything to keep a US job. Again, SOME not ALL. As a pp pointed out, however, this office work/field work thing is quite a little loophole in the labor laws.
    I would look closely at your contract with them. Unfortunetely, they may have a right under the contract to have you work whenever they choose. Seems if they are attempting to be "nice" about it by getting you to seemingly "agree" to these last minute switches, as I am sure that if you got fed up and ended up leaving they would be in a world of a mess. But for anyone who works under a contract, it seems to give the employers the advantage in the language. They are more apt to schedule their full time regular employees for the shift of choice, and fill in with their contractural employees.
    My contract doesnt say anything about changing my schedule. In fact, the job offer letter I got from them said 90% of my job would be direct patient care, 10% paperwork. Since Ive been there, its been the complete opposite. And I think you may be right, they are hoping that A) I dont know what is legal or illegal, and B) are hoping that I am so desperate for work that I will tolerate it all.
    But as it turns out, they dont expect me to do overtime and not pay me overtime wages. If I work a weekend day, they force me to take a day off during the week so they dont have to pay me overtime. But again, the contract doesnt say anything about that. The basic gist of it is that if I stop working for them I cant take any of their clients, and I cant work for a competitor. And get this..I have a 2 years obligation, but either I or they can break the contract with no more than a one day notice. Apparently the new office manager did not read the contract real carefully before she tried quoting it for my obligation to them lol.


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