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Unpaid overtime...



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Nov 28, 2007 07:47 PM

Unpaid overtime...

by Lotte Platinum Member

Some RNs where I work clock out (at the regular time) and then finish their charting (in their own time) - that way they don't claim overtime (which makes management happy). My question is - is this legal? Does charting after you've clocked out from work stand up in court?


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22 Comments
No. 1
Old Dec 01, 2007, 10:53 AM

Default Re: Unpaid overtime...
It is never a good idea to be on the floor working in any capacity off of the clock. Too many issues to deal with come to mind. One, is HIPPA. Why would you break into a chart with so much information and not be covered under facilities insurance?
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No. 2
from Jolie
Old Dec 01, 2007, 11:17 AM
Updated Dec 01, 2007 at 12:48 PM by Jolie

Default Re: Unpaid overtime...
Don't work off the clock. You deserve to be paid appropriately for your professional services. You also deserve to be protected by Worker's Comp should you be injured (slip and fall, etc.) while finishing your charting. If you chart after clocking out and are injured during that time, you will not be covered.
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No. 3
from psalm
Old Dec 02, 2007, 05:35 AM

Default Re: Unpaid overtime...
If more nurses would chart on the clock at X 1.5 pay maybe TPTB would staff more appropriately...nah, probably not
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No. 4
from caliotter3
Old Dec 02, 2007, 10:38 AM

Default Re: Unpaid overtime...
At more than one LTC facility where I worked we were required to clock out at the right time and if our charting wasn't finished, chart on our own time. At one of the facilities we had to do a walkthru with the oncoming nurse, the oncoming nurse had to come in 15 minutes early for this. At the appropriate time, she/he and I had to both clock in and out, whether we had finished the walkthru report or not. Then the offgoing nurse could finish charting if it wasn't done. I never questioned these practices because I needed my jobs. As far as this charting being legal in court, I don't think it is an issue. Not doing the charting, or charting something the next time you came to work or three days later, might be questioned. I do know that my employers had no qualms about breaking the labor laws when they required us to complete our work off the clock, I'm certain that they would have no qualms about stating that there was no policy for unpaid overtime if we injured ourselves while off the clock. One untruth begets another.
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No. 5
from Blackcat99
Old Dec 02, 2007, 10:59 AM

Default Re: Unpaid overtime...
Management is always "bullying" all the staff at the assisted living care facility where I work. They want to "scare us" by telling us there is absolutely "no excuse" for overtime. However, we are not wimps here. We demand to be paid for our time. So they can scream and yell all they want. We don't care.
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No. 6
from Atheos
Old Dec 02, 2007, 11:32 AM

Default Re: Unpaid overtime...
Being forced to work off the clock is illegal. Being forced to clock out is illegal. They can't make you clock out and then finish your charting and they can't make you not chart. Shrug. Of course they could fire you, but you don't want to work for that kind of employer anyways.
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No. 7
from caliotter3
Old Dec 02, 2007, 12:07 PM

Default Re: Unpaid overtime...
I agree with what you say in theory, Stanley, but have found in life that being unemployed and living in my car are not acceptable for my health and well being. I do not care about the little things that my employers do that are illegal. When I see the big things is when I start looking for the door. At my age, I have to make sure that another job is waiting on the other side of the door.
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No. 8
from psalm
Old Dec 03, 2007, 07:14 AM

Default Re: Unpaid overtime...
I would tell them well, Mrs. B had an unscheduled code brown to clean up and Mr. S had some unscheduled SOB right after we stablized Mrs. A after her fall....and that took so much time to chart that now I will finish my other charting. We aren't machines...
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No. 9
Old Jan 21, 2008, 01:56 AM

Default Re: Unpaid overtime...
it is illegal for any company have you work off the clock for any job. also breaks and lunchs must be given where you can be totally relieved of duty in order for it to be legal break or lunch. (Have a employment lawyer (federal laws) of which I know this are fact.)
don't do it under any means!!!!!
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