Tired of unpaid OT

Specialties Private Duty

Published

My client (an adult) stays up all night on computer and wants to sleep all day. He requires a liot of care but refuses to allow me to begin until the last minute. No nurse follows me. Mom says all work has to be done before leaving. She will never voluntarily take over. I am often stuck there 1 1/2 hrs late. One nurse on the case can finish on time and the other stays over for hours. I mentioned iit to supervisor but she says i am not assertive enough. I dont mind staying to chart but 1 1/2. -2 hours is crazy.

The rules for what constitutes a "professional" for overtime pay purposes are different from the dictionary definition. If someone had the title of Professional Burger Flipper, would you expect them to be exempt from receiving overtime pay?

I do not understand what you are saying...the state obviously deems us "Professional" otherwise it would not be on our licenses.

"Even though, technically,since most Rn's are not salaried and punch a clock we really are not"

Up Vote Up Vote ×
Specializes in Emergency Department.

They must meet ALL of the requirements to be exempt from OT. NJ is more strict you get OT over 40 hrs unless salaried/exempt (usually management). You have a limit to file a claim with NJ DoL. It's not the first time "M" misinterpreted the law AEB recent federal investigations and subsequent charges/citations.

That's just how some organizations and people are... they'll do whatever they think they can get away with. They probably often figure that most people either won't know their "rights" regarding wage law or they'll stick it out and not complain because they have a job for now... That behavior by some employers isn't limited to healthcare.

Up Vote Up Vote ×

That's why I stated "may" be exempt from OT. If the nurse was paid on salary or was paid a flat fee for the service, then that might trigger the OT exemption under the FLSA. Right below the list was a statement that said that RN's that are paid an hourly wage should be entitled to OT. Each state is different and valid collective bargaining agreements can very radically change the game. Nursing or not, you should know the wage laws that apply to your situation just so you don't get taken advantage of. There are employers that will find any way to justify paying you less... to the point of citing what they think the law is or what they want you to think what the law is to do it. Some may go so far as to "reassign" you to something else more desirable long enough to let the statute of limitations run out so you can't sue them if you do make a fuss. Not all employers are like that, but it happens enough that everyone should be aware of the labor laws (Federal, State, and wage contracts if applicable) that apply, to keep everyone honest.

I guess homecare nurses who get paid a flat fee for each pt are exempt?

I actually wanted to try Homecare(hourly) visits,but it seems the nurses actually work more than Pdn nurses,esp with all that driving.

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.
I do not understand what you are saying...the state obviously deems us "Professional" otherwise it would not be on our licenses.

"Even though, technically,since most Rn's are not salaried and punch a clock we really are not"

Just because professional is in the title does not mean that the job is considered exempt from overtime. All qualifications must be met and some employers will try and get away with whatever they can until someone reports bad behavior. If you are not in a salaried, management/administrative role then you are entitled to overtime. If it happened recently file a claim with NJ dept of labor. The form is online. They WILL follow up and review all employee records.

Up Vote Up Vote ×
Specializes in Pediatrics, Emergency, Trauma.

I guess homecare nurses who get paid a flat fee for each pt are exempt?

.

No, flat rate has NOTHING to do with hours worked...:no:

Up Vote Up Vote ×

No, flat rate has NOTHING to do with hours worked...:no:

I wonder how overtime works out for nurses who do Pdn independently.

Up Vote Up Vote ×

When I had a private case, I was paid for the hours I worked including any overtime. However, it was just the regular rate. There is no "overtime" pay. Nothing like double time or time and a half.

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

I'd do some research on employment laws in your state. If you're there working the hours, you should be getting paid for them. What about shifting your schedule slightly so you come in a little later? What kind of Dx does he have? Clearly he doesn't require 24/7 care if no nurse follows you

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

My license says "Registered Nurse". Every state is going to be a little different in their wording.

I do not understand what you are saying...the state obviously deems us "Professional" otherwise it would not be on our licenses.

"Even though, technically,since most Rn's are not salaried and punch a clock we really are not"

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

I was an independent contractor PDN who billed the state as my client had Medicaid coverage. When you agree to take on a Medicaid client, they tell you straight up that they won't pay beyond what the client is allowed for nursing hours, so it would be pointless to bill them for anything beyond that. Meaning, no way would I be doing overtime as I would never be paid for it.

I wonder how overtime works out for nurses who do Pdn independently.

Up Vote Up Vote ×
When I had a private case, I was paid for the hours I worked including any overtime. However, it was just the regular rate. There is no "overtime" pay. Nothing like double time or time and a half.

Uh oh,you might have been duped!

You might be entitled to some time and a half.

Up Vote Up Vote ×
My license says "Registered Nurse". Every state is going to be a little different in their wording.

I did not realize that!

Up Vote Up Vote ×
+ Add a Comment