Overtime Rules

Specialties Geriatric

Published

i am a cna at a long-term care facility. i work 3-11:30 shift.

we often have to attend mandatory in-service meetings. they ususally hold these meetings at 7:00 am and 2:00 pm.

those of us on "swing" shift usually go to the 2:00 meeting and then on to our assignments.

even though we are at the facility for 9 hours, we don't get paid time and a half for the hour we spent at the meeting. since the meetings are mandatory and they don't provide one during our regular shift, shouldn't we be getting an hour pay at time and a half?

i'm tempted to call labor relations to find out what the law is but if my employer can get away with this legally, i don't want to waste my time.

i appreciate any and all help!

jan

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when anything goes, everything does.

Specializes in ER CCU MICU SICU LTC/SNF.
SECTION 11. PREMIUM PAY AND TRAINING

Definition of "training"

For purposes of this Section, "training" means authorized classroom training or meetings and conferences that serve an educative purpose and which the employee has been directed to attend as a student, not a presenter...

General

Training taken during nonovertime hours of an employee's regular work day is work payable at the employee's basic rate...

Under FLSA regulations

A NONEXEMPT employee has an overtime entitlement for training hours which are in excess of the FLSA overtime standard (hours over 40) if the training is to maintain or improve the employee's performance of assigned duties to the fully successful level.

http://ohrm.doc.gov/handbooks/premium_pay_manual/section11_training.htm

FLSA Regs, check your situation here...

http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE16.asp

At the bottom of the screen, choose an answer and click Continue.

It is best to ask your Human Resources first or an employee rep (if union member).

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