Is this mandatory overtime or not!?

U.S.A. New York

Published

Specializes in Medsurg, Homecare, Infusion, Psych/Detox.

:confused: I work in psychiatry, and recently during a snow storm, the evening supervisor called the unit around 330pm, to say no one is to leave until she tells us to. We have mixed 12 and 8 hours shifts. My shift ends at 4pm. I was going to be affected by this. So I specifically asked her whether we were being mandated. She started having kittens and used some verbal gymnastics to avoid saying mandated. In part she said the city has always done this in an emergency to make sure they have staff, and that if we leave it will be patient abandonment(management`s favorite scare tactic). I reminded her that only a few of us would be leaving at 4pm, and most of the incomming evening staff was already on the unit and had received report. An hour and 10 minutes after our shift was supposed to end, the supervisor called back to say we can now leave. We were all very irrate, and wanted to know what legal right did she have to prevent us from leaving when she specifically avoided saying mandated?

We were all well aware of the law that took effect last year regarding mandatory overtime.

It just seemed so underhanded, and to top it off the supervisor refused to sign our overtime sheets for the extra hour and ten minutes overtime. Still waiting for a callback from our union rep.

Any similar situations, or insights into this matter?

Specializes in school RN, CNA Instructor, M/S.

I believe that by telling you that you could not leave she authorized your time and it should bre overtime. I ran into a similar situation in1996 when i was the union VP and ALL my nurses received OT for every hour over the regular schedule they usually worked. Check out your contract and ask your union rep for a copy. you should alsways know your rights and responsibilities. Good luck and keep in touch! ( it was 150 nurses over the three shifts we filed a class action suit because more than 3 nurses were effected some nurses received 4 shifts of overtime for shifts worked and straight time for shifts they slept in facility assigned rooms and facility fed every staff member no charge. It was a long 3 days. Sat 3-11 to tuesday 7AM!

Right now I am owed overtime by two employers. One is a former employer and it appears the second one is a former employer. When I realize what they have done to me, and that they are no longer providing me with a livelihood, maybe I will get up the gumption to file complaints with the labor board for withheld wages. I thought I was keeping my job and keeping the peace by not complaining, but I have no jobs with these employers and I didn't keep the peace. So who is stupid? They owe you overtime. At least you have a union to fight for you.

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