Re: Odyssey Healthcare on call and triage nurses
you employers can tell you they don't pay overtime, but if you are non-exempt, federal law states they have to pay overtime. For anyone, make sure you know the federal and state laws. It also does not matter if you are "salaried" or "hourly". the DOL only cares if you are exempt or non-exempt. It should say this on your job description.
I found out the hard way. I was being paid salary on the weekend. I was also working during the week approx 60-70hours a week. recently, we started using a new payroll system and we enter our hours in, what do you know I am now getting overtime. when I went to HR, he didn't want me to do anything about it, but I told him it was too much money to overlook. I was then told since I was working "two different jobs" 2 pay rates, I didn't qualify. I went on the DOL website and actually read the laws and found out it doesn't matter the different pay rates, over 40 I was entitled to overtime. I consullted a lawyer who stated I do indeed have a case, but one person against a large company is usually too expensive as they can drag it out and outspend. If there were more in my same situation, it would be a different story. I have found 3 nurses that this has happened too.
I know there are two lawsuits in california already for the same thing.
I have nothing against them, and love my job, but I also not going to allow them to cheat me out of pay that I worked for. Once I brought it to their attention, and they still are not doing the honest and right thing makes it a willful violation in my eyes.
the other alternative is to file a complaint with the EEOC but once you do that, you cannot seek an attorney. they take over, investigate (for free). it can be a slow process and they can decide to settle. so I will go this route first and make the EEOC my last resort. nothing personal, just business.
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