A legality question about pay

She works at a nursing home where there are only teenage girls who work as CNA's in charge. It's really crazy there. Like the otherday where she was left all alone to take care of like fifty people or something all by herself, even though she isn't certified yet and has only been on the job for five days or so. So I really wouldn't be surprised if it was ilegal for the CNA's in our state to be handling meds, the management would probably ignore that.

Any state that *I* have ever been in has an obligatory ON SITE RN / LPN. They don't have to know they're there, but they have to be able to be called if need be. Most likely they were in an office somewhere on campus that she doesn't know about.

I would say if not she needs to find a new job for her safety and so she's not held liable for a poor patient outcome or sentinel event.

Finally, she most likely "is" paid for these hours, and I'll explain... My shift is - literally - 18:45-0715. They only pay me for 12 hours, though. How do they get around this? In OH per labor laws, if you work 6+hrs you are given a MANDATORY off-the-clock lunch break. If you don't take this break or are not given the opportunity to take the said break, you are 100% entitled, BY LAW pay for this time spent charting/doing patient care.

Are you sure she is not getting paid? I am an RN, but I have to be at my shift 15 minutes early to get report, and stay about 15 minutes late to make sure things are wrapped up. Thats 30 minutes, but I get a 30 minute lunch break which is not paid so the 30 extra makes up for the lunch break to give me a straight 12 hours. Could that be what is happening with your mom?

Several people have given different scenarios of what might be happening with your mother's time and pay of which any one of them could be true.

But I have one suggestion.....if I'm reading your original post right......

if your mom is actually working off the clock...counting meds before she is clocked in......make sure your mom is documenting the exact time down to the minute that she is doing the count. Then if she goes to clock in that will give some documentation that she is being forced to work off the clock.

HOWever....with that being said also make sure she is actually working off the clock. It may be that she's getting a 30 minute lunch beak and if she is then the 15 minutes before and after is to make up for the 30 minute lunch break...if your mom wants a full shift's pay she has to make up that 30 minutes.

I always wanted my full 8 hours of pay so I didn't mind working the extra 30 minutes for the lunch break. But if I had to work during my lunch break I made sure I filled out my time adjustment so I got paid for no lunch break.

Anonymous complaint to the state attorney general. If they know who complained they will fire that person for sure.

I get on at 2300. Count narcs, get report. I get a half hour lunch. I get off shift at 0700 but stay until 0730 counting narcs and getting report. I get paid for all 8 hrs. If report goes over 15 mins I get paid 8.25 hours. I clock in at 2300 and clock out at the end of report and get paid for it, period.

It is illegal - violates Federal Wage and Labor Act (FSLA) standards. Report them immediately and they will be promptly invesitgated. There is zero tolerance for this behavior.