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

Nurses General Nursing

Published

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 8-5. She gets the owner to call me and say that they really need me to go because someone called in sick. That the NM said she would go in from 3-7pm if *I* went in from 7-3. "You don't need to go in, but we REALLY need you to go." I mean, come on. When the owner of the company you work for says that, can you even say no?

Ok, end rant...

Specializes in Hospital Education Coordinator.

don't know about smaller facilities, but in my hospital if the first person on the list says no we keep calling. I used to get called a lot because I live so close to the hospital. I think some people interpreted that as I did not have a life so I would not mind. I minded. I finally got caller ID (this was before cell phones). As for the other person, tell them directly that you are not automatically available. Sounds like they are taking advantage. For all you know, someone else might want or need the OT pay.

Specializes in Med-Surg.

Yeah, it really is a matter of abuse. I drive 70 miles both ways to get to work every day. We had a HH patient who had 24h LPN care that ended today to be replaced with daily visit for IV ABX. So my boss TOLD me that I needed to go do this M-F. But he lives 35 miles from the office. When I expressed concern over the amount of daily mileage that was, she basically said too bad, you knew what the job would be (incidentally, that is NOT what I was hired for. I was supposed to be temporarily in the office then be placed in the field with a permanent case).

Then, after asking her for a day off to replace the day I worked Sunday that I wont be paid overtime for because the owner told me to, she said I was asking for too much time off (as the owner has been telling me to do) and that it would affect my work attendance records. I could just scream half the time I have to enter her office because I know how frustrated I am going to be by the time I leave!

Specializes in PICU, NICU, L&D, Public Health, Hospice.

It is nice that you have helped them out on Sunday's before.

You should not be scheduled for Sunday's without your approval unless your contract indicates that weekend work possibility.

The owner's inadequate staffing to cover RN duties on the weekend are NOT your responsibility and you should not feel guilty about taking your weekend time off as planned.

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.

They're not paying you overtime???

Specializes in Med-Surg.

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?

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.

Specializes in Med-Surg.

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...

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! :devil:

Specializes in Med-Surg.

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...

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
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.

Specializes in Pedi.
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.

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