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is this illegal at work regarding pay



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No. 10
from lovelylpn
Old Jul 21, 2008, 12:19 PM

Default Re: is this illegal at work regarding pay
That does sound pretty illegal to me. But, like others have already stated, look into this matter with your state commission and make sure there is nothing in any contract that allows this to happen. At a hospital I used to work at, one nurse manager was changing the punch in/out times of her employees so as not to pay overtime unless an extra shift was worked. A few of the nurses after noticing the difference in their paychecks began to document the shortages and reported her to her boss. This manager was fired and all the employees recieved retropay for what they were short-changed before. This had been going on for about 6 months or more, so the hospital paid quite a bit of money to all those nurses. Too bad they didn't give them interest, but that probably would have been asking too much.
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No. 11
Old Jul 21, 2008, 02:20 PM

Default Re: is this illegal at work regarding pay
One of the hospitals I used to work for got in trouble for something similar and we all received checks when the Feds got through with them. You can quietly chat with the good folks at wage and hour to see where you stand in the state where you live (even though it is federal, some states allow hospitals to enter 'agreements' with their employees regarding work week hours), but don't let anyone know that you have unless you were already planning a career change. Administrators try all kinds of things to reduce the expense of their nursing staff, but this sounds illegal on several counts. Good luck.
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No. 12
from pezzy68
Old Jul 21, 2008, 02:41 PM

Default Re: is this illegal at work regarding pay
I would contact the labor board in your state.If you are truly doing necessary work, they have to pay you.If you are just hanging out, then no.Is it a consistent issue that you have to stay after hours?
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No. 13
from MassED
Old Jul 21, 2008, 05:44 PM

Default Re: is this illegal at work regarding pay
Originally Posted by babybumbleebee View Post
At my current place of employment at this ltc/nursing home, u clock in and out when ur done with ur work but thing is, even if u stay extra u do not get paid for it. it is required that u have a really good excuse for staying late and u need to have it approved by the supervisor in order to get the pay for it. otherwise u can stay 1 or 2 hr late bc ur not done with ur medicare charting or what not (which is required each shift) and not get paid for it. even if u tell the superviser bc u have admissions or what not, its still not a valid excuse. however, if u clock in late, it will show what time u clock in on ur paystub but even if u clock out late, it will show that u leave exactly at 11:30 (i work 3-11 shift). so i usually stay a few min late when i come to work late to make up for it because it shows on my paystub but when i leave late it always say i leave on time and come on time. is this illegal? the only way someone gets ot in this facility is to work an extra day or shift. what should i do? if this is illegal, why has this been going on for years and years? or is this how most ltc and nursing homes run by?
most places have, for example, systems like KRONOS - and policies for punching in and out - they round up - so if you clock in at 1140am, it''ll show up as 11:45am. If you punch in at 12:02 pm, it clocks you at 11:15... something about 7 minute rounding up. This was in my facility's policy for clocking in and out. So I would clock in at 10:30am for an 11:00 shift and get paid for the little extra time, rather than risking punching in at 11:01 and be counted as late by another 14 minutes... it's confusing. You should get paid or not paid by the minute. What the heck????!!!! I'm sure it's to make paycheck computations easier... rounding up or down for even numbers...? Not sure. Never thought too much about it - just knew I'd clock in at whatever time and clock out to get my time (of course making sure I get my "no lunch" time!)
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No. 14
from MassED
Old Jul 21, 2008, 05:47 PM

Default Re: is this illegal at work regarding pay
Originally Posted by suzanne4 View Post
If you arrive late for work, and clock in late, which means after the time that you are supposed to start; the employer is not required to pay you the full time even if you stay over the extra few minutes.
also - here's a big concern: if you clock in at 7:05am and you KNOW you weren't there at 7am, but your time card reflects 7:00am you punched in (because it was altered by your time person) and a code occurs at 7:01am... that could put you potentially into a situation that you weren't even in...and having some responsibility (say if you're the main RN in a SNF)- so you should get that straightened out... or keep GOOD track of your punch in and out times and when they're adjusted... to CYA.
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No. 15
from MassED
Old Jul 21, 2008, 05:50 PM

Default Re: is this illegal at work regarding pay
Originally Posted by babybumbleebee View Post
so ideally ur suppose to leave wen ur shift ends bc ur not getting paid for it. but if ur caught with not documenting that day u will get a notice for not being compliant with the medicare guidelines and have to document on another day for a late entry. so basically that day ur doing double the charting. and things can get pile up that way and eventually you will still never finish your work. One nurse who worked there one time had to cover about 40-50 residents because one nurse was a no-show. the facility did send a nurse to help him pass the night meds but he ended up staying about 2 hours late. he talked with administrator about being reimbursed for staying extra and they say no because u have your easy days and u have ur hard days. its not fair to the facility that they have to pay u for the hard days when they dont take money off from ur check when you have ur easy days. and that was a the reply....
someone needs a boot up their heinie for making a comment like that - sounds like that management needs to be reminded you all are NOT salaried... so yep, call the above references on labor and wage complaints. I wouldn't finish an admission - heck no. I'd say, well if I'm going to stay and finish that WORK, then I'll get paid for it - otherwise the oncoming RN can finish it, since they're on the clock. Adios! (Then I'd go find another job....)
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No. 16
from Altra
Old Jul 21, 2008, 08:52 PM

Default Re: is this illegal at work regarding pay
Originally Posted by MassED View Post
most places have, for example, systems like KRONOS - and policies for punching in and out - they round up - so if you clock in at 1140am, it''ll show up as 11:45am. If you punch in at 12:02 pm, it clocks you at 11:15... something about 7 minute rounding up. This was in my facility's policy for clocking in and out. So I would clock in at 10:30am for an 11:00 shift and get paid for the little extra time, rather than risking punching in at 11:01 and be counted as late by another 14 minutes... it's confusing. You should get paid or not paid by the minute. What the heck????!!!! I'm sure it's to make paycheck computations easier... rounding up or down for even numbers...? Not sure. Never thought too much about it - just knew I'd clock in at whatever time and clock out to get my time (of course making sure I get my "no lunch" time!)
The rounding should be done consistently according to US Dept. of Labor regulations.

This is from a DOL Fact Sheet issued 1/2008:

" ... Some employers track employee hours worked in 15 minute increments, and FSLA allows an employer to round employee time to the nearest quarter hour. However, an employer may violate the FLSA minimum wage and overtime pay requirements if an employer always rounds down. Employee time from 1 to 7 minutes may be rounded down, and thus not counted as hours worked, but employee time from 8 to 14 minutes must be rounded up and counted as a quarter hour of work time. See Regulations 29 CFR 785.25(b). ... "

http://www.hospitalovertime.com/docu...t_sheet_53.pdf
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No. 17
from baby dal
Old Jul 26, 2008, 08:51 AM

Default Re: is this illegal at work regarding pay
It is more surprising what is happening here in the middle east. You are paid according to your race, nationality or color. If you are a western trained nurse with a western passport (US, UK, Canada, Australia and the likes), you are paid 3 times higher than a far eastern trained nurse (Philippines, India) and if you are a middle eastern nurse you will be paid in between. The irony is, you are mandated by the law to take same licensing exam and when you passed and get deployed to your area of assignment you will have the same amount of responsibility and accountability toward your patients. And not only that with the benefits and allowances there are huge difference. You might start to ask, "Why the hell are you there wasting your time?". Well, we each have our reasons why we chose this profession. The main reason that I am still here is that my husband has a well established job here and I do not want him to start all over again. But my point is, why don't we have a worldwide campaign against discrimination with nurses? We as nursed do not discriminate patients who comes under our care, but why discriminate us? I am so surprised that JCIA re accredited this institution. I do not blame why nurses leave and there is a high turn over of nursing staff, and the reason for leaving is dissatisfaction towards the policy of salary discrimination.
The other thing is, we are not allowed to have a union within the institution or outside the institution,it is illegal, so if you have a legal or administrative case you are at the mercy of your employer, good if they terminate you right away and send you home, worst when you are delivered to the custody of police then goodbye, you will not see the morning sunshine anymore until your case is solved and you are released.
It is easy to decide to leave and go to a place where all is fair and good, but, think about it, nursing is a universal profession. Wherever there is a patient you are nurse by oath. Every nurse whether western, middle eastern, far eastern, african or whatever should be treated according to standards that will make them live comfortably wherever time zone they are working.
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No. 18
Old Jul 26, 2008, 10:07 AM

Default Re: is this illegal at work regarding pay
I would report this nonsense to the laor department of your state as well as the Department of Labor at the federal level. This is another argument for the employee free choice act. If you were unionized you would be paid for the time PERIOD because you would have a written agreement that defines hours of work and OT.
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No. 19
Old Jul 26, 2008, 11:33 AM

Default Re: is this illegal at work regarding pay
It is very illegal- and if it has been going on for over a year-- the state will refer you to the feds.
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