OT pay

  1. Can hospital in NC legally NOT pay overtime pay when hours physically worked exceed 40?
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  2. 5 Comments

  3. by   WolfpackRed
    Don't know if this is quite the answer you are looking for, but some places may offer comp time off instead of paying OT. In that sense, they can get out of paying time and a half or what ever the rate is.
  4. by   BSNtobe2009
    In North Carolina...it depends on what position you have, whether they pay you overtime or not.

    Remember that George Bush made radical changes to what types of employees were to get paid overtime that fell under the US Department of Labor (hospitals always are)..I remember that some healthcare professions were on the chopping block to no longer receive overtime, but nursing jobs didn't make the cut.

    If you are a supervisor or a charge nurse or any type of management position, yes, they can NOT pay you overtime.

    In North Carolina, I can tell you with 100% certainty, that comp time is illegal in that state.

    The concept of comp time was originated by Government agencies, and are legal, only in that sector. Hospitals are considered private organizations (not government owned), and comp time violates Federal law.

    Some states have additional provisions to make the practice legal, but NC isn't one of them.
    Last edit by BSNtobe2009 on Oct 5, '06
  5. by   BSNtobe2009
    Here is a link to the Labor Commissioner. It clearly states that if you are a non-exempt employee (that means your salary is paid by the HOUR), they CANNOT pay you in comp time.

    http://www.dol.state.nc.us/wh/fact%2...vertimepay.htm
  6. by   BSNtobe2009
    Ok, sorry for so many posts...by any chance are you employeed by a VA hospital?

    If so, and you are considered a gov't employee, they don't have to pay overtime, they can pay comp time.
  7. by   Jolie
    Quote from BSNtobe2009
    you are a non-exempt employee (that means your salary is paid by the HOUR),

    http://www.dol.state.nc.us/wh/fact%2...vertimepay.htm

    Actually, this is not entirely true. It is possible to be an "exempt" employee and still be paid hourly.

    Your "exempt" vs. "non-exempt" status should be clearly spelled out in your offer of employment (if you have that in writing). If not, check your pay stub, which should also list your status. If you are still unsure, call Human Resources and ask.

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