Being told to "clock out" and still having to work!

  1. I have a friend that has an issue and I was wondering if any of you have encountered this problem. She is being told to "clock out" at the end of her shift and then she is supposed to do more work after the fact. She is not supposed to be by the patients but this is for computer input and paperwork. I told her she shouldn't be working without being paid and she is nervous to say anything. The facility is just trying to get away with not paying overtime and so far they have succeeded.
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  2. 7 Comments

  3. by   Pangea Reunited
    I never clock out and keep working, but I know people who do. They're usually people with time management issues who've already been warned about staying late too often. It's illegal to require someone to clock out and keep working, but it's not illegal to fire someone who can't get their work done and stays late every day.
    I guess it depends on your friend's circumstances. If they occasionally have to stay late and are being told to clock out and keep working, they should refuse. If they're doing it of their own free will, they've got to take responsibility for their own actions.
  4. by   akulahawkRN
    Generally speaking it is illegal to direct (or even allow) someone to clock out and then continue working. This includes charting or doing anything else that might be considered part of the job. Once you clock out, you're done. As Pangea above states, it's also not illegal to fire someone because they're not able to get their work done on time, stays late, and ends up on overtime very, very frequently...
  5. by   justengaged12
    She needs to keep clear records and then contact an hour and wage lawyer. That's illegal.
  6. by   llg
    Quote from justengaged12
    She needs to keep clear records and then contact an hour and wage lawyer. That's illegal.
    True ... but if she is being asked to do this because she is slower than most other workers, bringing attention to the fact that she is inefficient or is mis-managing her work time could get her fired. She needs to be sure her "house is in order" before she starts this battle. She needs to be prepared to have her work habits, efficiency, and time management to be scrutinized.
  7. by   HappyWife77
    If she is injured while off the clock she is not covered. If she's clocking out and finishing up....its led to believe the assignment is capable of being completed in the alloted shift.

    Sometimes there is so much required....its impossible to get it all done unless you do stay over. She should really seek out the managers assistance for developing time management skills.

    More info would be nice... Are you talking about days shift or night shift? Is it 12 or 8 hour shifts? Is there an issue with computer skills that need to be brought up to par? Are there areas of weakness that could be improved? Do she have a decent brain sheet? There are a lot of things that we could advise in improving if we know why she's staying late.
  8. by   MrChicagoRN
    There are two issues.

    Employees must be paid for all time worked. Working off the clock is a violation of federal fair labor laws unless one is an exempt employee. And the government does have criteria as to what defines "exempt.". The company can't just apply it wily-nilly.

    If the employee does work past their time, this will create either incidental overtime, or additional straight time. The manager should coach the employee regarding time management, and may discipline the employee for instances of incidental overtime.

    Of course, if everyone is staying late, then that is a system issue, as opposed to a performance issue.
  9. by   ProgressiveActivist
    No no no. Time to line up another job . Keep a record of any hours worked off the clock and supervisors who told you to do that. After your last day file a wage claim with your states department of labor and industry. Send a copy to the EEOC. THAT agency will turn the place inside out and upside down and interview every employee. Some hefty fines will be assessed. Also send a copy to your board of nursing for your file.
    Last edit by ProgressiveActivist on May 27, '14

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