Do Not Work Off The Clock, Nurses!

The economic climate in this country still remains somewhat sluggish several years after the official end of the Great Recession. In addition, dwindling reimbursement rates from Medicare and private insurance companies have placed an undeniable pinch on the financial bottom line of healthcare facilities across the United States.

Managerial and administrative personnel at hospitals, nursing homes, and other types of entities that provide patient care are under pressure to find ways to slash expenses at every corner to adhere to fiscal budgets. Some questionable methods to keep costs under control may include short staffing, skimping on supplies, and implicitly pressuring hourly workers to get 'off the clock' by a certain time. It is common for many facilities to have written policies explicitly stating that staff members are to clock in no earlier than seven minutes prior to the start of their shifts, and must clock out no later than seven minutes after the scheduled end of each shift.

The practice of working off the clock is all too common in the healthcare industry. According to Osman (2011), the US Department of Labor (“DOL”) has pledged to investigate compensation practices throughout the health care industry after finding that many hospitals and nursing homes were not properly paying their health care workers in violation of the Fair Labor Standards Act (“FLSA”). In addition, it is difficult to know how many nurses and other healthcare workers work while off the clock because employees are generally reluctant to discuss this issue out in the open. In other words, the full scope of the problem remains unknown.

Non-exempt employees who receive hourly pay should do everything in their power to refrain from working off the clock under any circumstances because negative consequences might arise. First of all, working off the clock is illegal. Secondly, most companies have policies that strictly forbid the practice of working off the clock. Third, most nursing liability insurance policies do not cover nurses for any work performed while not clocked in, which would leave the nurse vulnerable in the event of future litigation.

Fourth, healthcare facilities may file HIPAA violations against employees who are working while not on the the clock. For example, many nurses review patient charts prior to punching in for their shifts, but this activity could get them into trouble if someone decides to pursue the issue any further. Also, numerous nurses remain at their workplaces after their shifts have ended to chart while off the clock, which could get them into trouble. Furthermore, any injuries sustained while the healthcare worker was not on the clock may not be covered under worker's compensation policies.

Finally, working while off the clock allows short staffing to continue because companies save money through unpaid work. It leaves administrative staff at healthcare facilities under the impression that a massive workload can actually be completed during the course of an 8 or 12-hour shift. After all, everyone is clocking out on time if they work off the clock. Right? Sure!

Nurses and other healthcare workers who routinely work off the clock are placing themselves in vulnerable positions. If every single worker remained on the clock to complete unfinished work, this might force corporations to confront staffing issues, heavy workloads, and other issues that hinder people from leaving on time. It is time to be paid for all of the services rendered. Do not work if you are not clocked in!