travel/agency & overtime pay

LaughingDog72 · Jul 3, 2004

Do travel and/or agency nurses get paid overtime for additional shifts that exceed 40 hours per week? Do they typicaly get paid shift or weekend differentials or is the pay a set rate? Thanks.

nightingale, RN · Jul 3, 2004

I have worked where overtime is paid at time and a half. It is, I believe a Federal Law to be paid overtime beyone 12 hrs in a day or beyond 40 hours in a week.

Travel contracts are negotiated on an hourly rate. I am sure one can (and it probably happens) that you could be paid a differential. What has been negotiated for me in the past has been a straight salary and you work whatever the other employees work. For hospital nursing it is common to work every other weekend.

What you need to keep in mind, is it IS all negotiable. If you want to work X then specify in your contract and get it in writing. Remember to be SURE you have a signed copy of the contract.

nightingale, RN · Jul 3, 2004

I have worked where overtime is paid at time and a half. It is, I believe a Federal Law to be paid overtime beyone 12 hrs in a day or beyond 40 hours in a week.

Travel contracts are negotiated on an hourly rate. I am sure one can (and it probably happens) that you could be paid a differential. What has been negotiated for me in the past has been a straight salary and you work whatever the other employees work. For hospital nursing it is common to work every other weekend.

What you need to keep in mind, is it IS all negotiable. If you want to work X then specify in your contract and get it in writing. Remember to be SURE you have a signed copy of the contract.

RN4NICU, LPN, LVN · Jul 3, 2004

Nurses are classified as professionals and are therefore exempt from the federal overtime laws, but we usually get it anyway b/c most of us would not work it otherwise. Many facilities are reluctant to mandate it (esp. without OT pay) because they wouldn't be able to find nurses. All matters regarding pay are to be negotiated and explicitly detailed in the contract -

Pay per hour, OT pay, when OT begins, night/WE differentials, call requirements, guaranteed hours, sick policy, cancellation policy, minimum hours per assignment, penalties if min. hours not met due to calling in or being called off, etc, etc, etc.

RN4NICU, LPN, LVN · Jul 3, 2004

Nurses are classified as professionals and are therefore exempt from the federal overtime laws, but we usually get it anyway b/c most of us would not work it otherwise. Many facilities are reluctant to mandate it (esp. without OT pay) because they wouldn't be able to find nurses. All matters regarding pay are to be negotiated and explicitly detailed in the contract -

Pay per hour, OT pay, when OT begins, night/WE differentials, call requirements, guaranteed hours, sick policy, cancellation policy, minimum hours per assignment, penalties if min. hours not met due to calling in or being called off, etc, etc, etc.

nightingale, RN · Jul 4, 2004

I knew there were some recent changes to this law. So, thanks to good ol' Google, I found this easily on a search:

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fairpayprintpage.asp?REF=fs17n_nurses.htm

FairPay Fact Sheets by Occupation Under the Fair Labor Standards Act (FLSA)

Fact Sheet #17N: Nurses and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.

Nurses

To qualify for the learned professional employee exemption, all of the following tests must be met:

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

The advanced knowledge must be in a field of science or learning; and

The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.

Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.

Where to Obtain Additional Information

The Department of Labor provides this information to enhance public access to information on its programs. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. For more information regarding the Fair Labor Standards Act, visit the Wage and Hour Division's Web site at http://www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 5 p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243).

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue, NW

Washington, DC 20210

----------

I simply will NOT work OT unless I am compensated at OT pay. This is an assumption at facilities; to be sure you get the compensation, make sure YOU have a SIGNED contract stating specifics.

I hope that helps.

night

nightingale, RN · Jul 4, 2004

I knew there were some recent changes to this law. So, thanks to good ol' Google, I found this easily on a search:

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fairpayprintpage.asp?REF=fs17n_nurses.htm

FairPay Fact Sheets by Occupation Under the Fair Labor Standards Act (FLSA)

Fact Sheet #17N: Nurses and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.

Nurses

To qualify for the learned professional employee exemption, all of the following tests must be met:

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

The advanced knowledge must be in a field of science or learning; and

The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.

Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.

Where to Obtain Additional Information

The Department of Labor provides this information to enhance public access to information on its programs. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. For more information regarding the Fair Labor Standards Act, visit the Wage and Hour Division's Web site at http://www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 5 p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243).

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue, NW

Washington, DC 20210

----------

I simply will NOT work OT unless I am compensated at OT pay. This is an assumption at facilities; to be sure you get the compensation, make sure YOU have a SIGNED contract stating specifics.

I hope that helps.

night

ekinsbunny68 · Oct 31, 2004

state laws can supercede the federal laws is my understanding; in CA you get 1.5 after 8 and Double time after 12 hrs

caroladybelle, BSN, RN · Oct 31, 2004

It is negotiated and then put in your contract.

Most offer time and a half for OT (over 40hrs per week) and Holidays.

Some have night differentials, but few have weekend diffs, but again this varies by facility.