Nurses Helping Nurses
allnurses Network: Central | Jobs | Books | Newsletter
allnurses: A Nursing Community for Nurses
Home General News Blogs Articles Students Region Specialty Degrees F.A.Q.
Operating Room Nursing /

"TIME BACK" vs. Overtime $$ pay



Did You Know?
allnurses is the largest community for nurses on the web. We now have over 388,205 members! Join today to network with other nurses, laugh, share, and much more.
Page 2 of 2 < 1 2

No. 10
from Heogog53
Old Jul 27, 2009, 11:47 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
Anyone contact the State Labor Board? I suspect that mandatory time off as comp time vs overtime isn't legal.
Talk with a labor lawyer; make sure to get a copy of the HR policy on compensation.
Make sure that you have anecdotal notes, documenting the practices in your department.
Top
 
Advertisement
Sponsored Links
 
No. 11
from BabyLady
Old Jul 28, 2009, 07:26 AM

Default Re: "TIME BACK" vs. Overtime $$ pay
You have to defer to either your union rules or your state rules for when you are due overtime.

In most states, the US Department of labor does not consider that you have worked overtime unless you have worked over 40 hours PER WEEK.

It's not factored in by day. So if you work 2 hours over one day, and clock out two hours early later on in the week, then legally, you are not due overtime.

If you are an hourly employee, and work over 40 hours per week, by law, you are required to be paid time-and-a-half.


PS: Comp time is illegal...an employer cannot give you "time off" on another pay period or hours of PTO in lieu of paying you the overtime rate if you work over 40 hours per week.

HOWEVER...if you took hours of sick leave, holiday pay, etc...during that same week and that put you over the 40 hours...overtime pay is not required...it's only due for hours actually, physically worked.
Top
 
No. 12
from BabyLady
Old Jul 28, 2009, 07:31 AM

Default Re: "TIME BACK" vs. Overtime $$ pay
Originally Posted by tadpolern View Post
Huhhhh.....the adminstration is IN on it too...we have been suddenly placed on "salary", we are suddenly referred to as "professionals"... get paid for 40 max.....even if we work 50hrs....still have to clock in and out, mandated to take call, do not get paid for call time or if you have to return to work...NO pay...sounds illegal to me, but we, RNs dont have any controll over what is dictated to us by our poor state nursing agencies nor the wage and hour labor board. Now RNs can be exempt and paid a flat salary and NO overtime...and mandated to work over as necessary without pay or "THEY", the ones who dont know how to do a nursing job, but make the RULES to their favor, say it is "abandoment of patient". RNs need some type of legal leverage...we are used and abused all to often.....So the question is, "What to do?" Any suggestions?
trn
RN's do not fall under the salary requirement...again, this is regulated by the US Department of Labor.

Any comany would gladly pay all of their employees a salary..if they could legally get away with it.

The US Department of labor does NOT go by job title...they go by what you DO.

Years ago I worked for a company that I successfully sued and won a case against because they had me on salary...and for several months, refused to pay me overtime...I only found out after I left that they were illegally paying employees a salary instead of an hourly rate.

We were "docked" if we left early...but not paid overtime if we stayed over...the US Dept of Labor says with salary employees..you don't get it both ways.

I not only got my overtime pay...but the USDOL ordered review of the records for the last 3 years of employees (company was relatively new)...and they found over $150K in violations.

Which they had to pay.
Top
 
No. 13
from tadpolern
Old Jul 28, 2009, 04:43 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
Thanks to all who have replied. I do appreciate the valuable info of other RNs. So fare the Labor Board has told us there is nothing we can do...that we can be classified as salary and therefore are not elegible for OT pay...The attorneys we have talked to also state the same...We are still mandated to stay over without compensation and take call without compensation and come back for emergencies without compensation...go figure! The Board of Nursing also has been notified by one of the RNs...We are still getting tossed around...We are keeping documentations of OT, OC, and CB...On occasion no lunches also are at issue...there are no hospital policies really explaining how we are to be paid on salary since it just started about 3 weeks ago. We lost overtime on the last pay check and were told one day before we recieved the check that we were no longer getting anything but 40/wk pay...They say RNS do fall under the exempt status now... to their convience of course.
Top
 
No. 14
from BabyLady
Old Jul 28, 2009, 05:39 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
Originally Posted by tadpolern View Post
Thanks to all who have replied. I do appreciate the valuable info of other RNs. So fare the Labor Board has told us there is nothing we can do...that we can be classified as salary and therefore are not elegible for OT pay...The attorneys we have talked to also state the same...We are still mandated to stay over without compensation and take call without compensation and come back for emergencies without compensation...go figure! The Board of Nursing also has been notified by one of the RNs...We are still getting tossed around...We are keeping documentations of OT, OC, and CB...On occasion no lunches also are at issue...there are no hospital policies really explaining how we are to be paid on salary since it just started about 3 weeks ago. We lost overtime on the last pay check and were told one day before we recieved the check that we were no longer getting anything but 40/wk pay...They say RNS do fall under the exempt status now... to their convience of course.
I would call back and make sure you are speaking with someone at the Labor Board in Authority.

Here is a source that contradicts what they are telling you.

http://www.dol.gov/esa/whd/regs/compliance/whdfs31.htm
Top

1 Reader Gave Kudos
 
No. 15
from tclema
Old Aug 06, 2009, 04:12 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
And here is a source showing that your lawyers are indeed correct. RN's can be classified as exempt. How wise that is, is another question. We won't do it here, we need experienced RN's in the OR, so we can't afford to play like that.
However, technically they can place you under the learned professional exemption and not pay you for overtime. I think the online states that limit OT worked under an exempt status are California and Maine.
And as long as they balance your time off in the same week and you work a max of 40 hrs during that week, you don't qualify for OT pay.
Just my 2 cents.

http://www.dol.gov/esa/whd/regs/comp...17n_nurses.htm
Top

1 Reader Gave Kudos
 
No. 16
from tadpolern
Old Aug 06, 2009, 04:49 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
I agree, it is not wise to classify RNs as exempt. Nurses need to unify nationally some how, strike nationally. There would be NO hospital functional. I have heard MDs talking of unionizing if the new health care reform comes about. The Nursing State Board is basically a joke, there is no protection for the RNs. Since historically, nursing has been a WOMANS field of employment, little or no provisions have been put in place to protect us. We need stronger representation. Many of us are single parents and need health insurance for our kids so are fearful of losing our jobs if we speak out too much. Management could really care less, they're getting FREE labor. It is disgusting.
Top
 
No. 17
from tclema
Old Aug 06, 2009, 04:54 PM

Default Re: "TIME BACK" vs. Overtime $$ pay
Well, I really have noticed compared to my home country, that the labor laws aren't really very employee friendly. That is sad. A lot of people get ripped off working. Sometimes a union is what it takes to improve the situation for employees.
Top

1 Reader Gave Kudos
 
Page 2 of 2 < 1 2
Reply




Thread Tools


Who's Online
413 members
3,735 guests
4,148

22

16th Philly area hospital to stop delivering babies: Mercy...

1

Really interesting article on Indian open hearts

0

High-Tech Pump Does What Her Heart Can't

0

Air Force RN Force RN Found Not Guilty

6

Hospital Falters as Refuge for Illegal Immigrants

6

California Imposes Stricter Rules Regarding Drug Abuse In...

33

Are older nurses being forced out of the profession?

3

An outlook in California?

8

Australian surgeons successfully separate conjoined twins

44

Disruptive behavior by doctors, nurses persists a year...



1

Society Needs Care Too

12

Why am I doing this, anyway?

2

Nurse Heal Thyself

9

My Papa, why I am the nurse I am today.

17

I made it through

11

An angel's gaze

14

A Sister Never Forgets

16

Ruby's Marbles

37

What Do Operating Room Nurses Do?

14

My Little Old Jedi

20

I love this job......

23

"I hear voices"

19

Preventing FRUTI (Foley Related Urinary Tract Infection) in...

24

Error and Attitude

10

It's Just a Shower





Currently Reading This Page: 1 (0 members & 1 guests)

Interested in the hottest topics of the week? Subscribe to the Nurse-zine Newsletter.
Enter email address: