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Jan 26, 2004 12:21 PM

mandatory overtime


I am a partime L.P.N. working in a small hospital in Ohio. My facility has mandatory overtime for all nursing staff. Only the R.N.s are in a union. Now our employer has taken overtime pay away from all non-union members who work under 40 hours a week. I work second shift (3-11) and I average about 24 hours per week. Last Friday the third shift L.P.N. called off and I was mandated to work all night long for straight time. I benefited nothing by forcing myself to stay awake all night long. This really does not seem like it should be allowed to happen. I have tried to look up laws regarding overtime pay, but it is very overwhelming. Is there anybody who can help me?


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10 Comments
No. 1
from efy2178
Old Jan 28, 2004, 07:54 PM

You need to get a union started for theother workers in the hospital. I'm sure you are not alone. Try www.SEIU.org

You have a right to 1 1/2 times your pay after 40 hours a week. The eight hour work day for overtime was changed some years ago. I believe this law exploits part-time workers and certain atypical shift jobs. Where I have worked, full time OR employees were sent home early if there were not enough cases but then forced to work over 8 hours the next day but if they were not over 40 hours there was no overtime pay.

Good luck. You might also write a letter to your congressman/ senator and let them know how this effects nursing care. Right now Prs. Bush is pushing to get rid of overtime after 40 hours!!!
The longer I live, the more rights are eroding away. But having a union helps. Get your going!
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No. 2
from PHM
Old Jan 31, 2004, 05:08 PM

You better take a look at the new Overtime Bill that GW Bush just screwed us with. Specifically says employers NO LONGER have to pay anyone over making something like $24k/yr time and a half. While most can refuse, media specifically pointed out who will bear the brunt of this: nurses, police and fire folks.

Phil
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No. 3
from efy2178
Old Jan 31, 2004, 07:49 PM

That bill has not yet passed. But if you would like to send a fax to Bush telling him to leave our overtime alone ogg onto:
http://www.unionvoice.org/campaign/f...ot/e75e4zb8en8
He is really trying to get this passed. I personally believe that right-to-work laws and lack of a union condemn patient care. However, the ANA is trying to pass whistleblower protection laws.
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No. 4
Old Feb 05, 2004, 09:39 PM

Default Mandatory overtime
I think that it is a terrible mistake to force any one and particularly any one working in the medical field to do mandatory overtime and then not receiving time and a half pay. Who suffers? The patients that needs care do.
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No. 5
from mattsmom81
Old Feb 25, 2004, 03:21 AM

President Bush has not signed this yet!!!He is still considering!!! WRITE LETTERS EVERYBODY!!!

What the OP describes may come to pass for many of us, sadly. One way we can get out of this is to say we are physically or psychologically exhausted, and to stay over would be against your Nurse Practice Act as you are essentially impaired and could harm a patient in your current state of exhaustion. While they can probably fire you for not staying over, your BNE will support your action: you will NOT lose your license.
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No. 6
from Brownms46
Old Feb 28, 2004, 07:41 PM

I think it's time more nurses went into business for themselves, and stop taking the demands of hospitals, who couldn't have their doors open without them! My goal is to become the one who dictates what I work for, and how I am paid!

Let Ole Bushy boy make this lunacy law, and He and the rest of America will soon find out ...hopefully...that the "shortage" just got a WHOOOLE lot worse!
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No. 7
from tmoorelpn
Old Mar 12, 2004, 02:09 AM

The state VA nursing facility in my town has to be one of the worst with mandatory overtime and they are unionized. The state railroads the union and since the union is scared to stand up to the state the mandatory overtime continues. The nurses are paid time and a half for the overtime but how safe is it to have a exhausted nurse working 16 hour shifts? I wouldn't want my loved ones under the care of any nurse, no matter how competent, who's been working for 16 hours. Mistakes are certain to happen, it's downright dangerous. I think 12 hours should be the maximum number of hours ANY nurse can work. Just like truck drivers who have to take so much time off the road, why should nursing be any different?




Originally Posted by Kim Mohun
I am a partime L.P.N. working in a small hospital in Ohio. My facility has mandatory overtime for all nursing staff. Only the R.N.s are in a union. Now our employer has taken overtime pay away from all non-union members who work under 40 hours a week. I work second shift (3-11) and I average about 24 hours per week. Last Friday the third shift L.P.N. called off and I was mandated to work all night long for straight time. I benefited nothing by forcing myself to stay awake all night long. This really does not seem like it should be allowed to happen. I have tried to look up laws regarding overtime pay, but it is very overwhelming. Is there anybody who can help me?
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No. 8
from mattsmom81
Old Mar 19, 2004, 10:24 AM
Updated Mar 19, 2004 at 10:27 AM by mattsmom81

I hope that nurses will 'vote with their feet' and refuse to work for employers who abuse staff in this way, mandating OT then refusing to pay time and a half for the same. Seems akin to slavery conditions....

I won't work for anybody who 'mandates' OT, and those who DO really need to consider nursing law in regards to duty and impairment.

If this new labor ruling does pass, and IF my hospital ever refused to pay for nurses' OT, they would quickly lose volunteers. Since the hospital depends on some OT to staff safely, it is unlikely it will do away with OT pay.

As of now my CEO has promised to keep OT pay in spite of any new ruling permitting him to discard it.
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No. 9
Old Jun 13, 2009, 10:32 AM

Default Re: mandatory overtime
Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.

Some of the ways that health care facilities (especially skilled nursing ones) cheat workers
out of their overtime is:

1) Tell you to arrive early for report and THEN clock in.
2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour
3) Make you attend meetings off the clock
4) Tell you to clock out and finish your charting or other work
5) Tell you to clock out and do the narcotics count
6) Tell you to clock out and wait for your relief.

They always threaten you with the loss of your license if you don't stay.

A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.
Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,
and food service will join in to collect their back money

It looks like the suit is expanding nation wide to many skilled nursing facilities.

Read about it here:

www.lvnclaim.com
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