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A legality question about pay

Nurses   (3,131 Views 19 Comments)
by Amberjade Amberjade (New Member) New Member

598 Visitors; 3 Posts

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this is my first post so i hope i put it in the right place. i was wondering if anyone could answer a question for me. my mother is a can in training and has a question about something strange the nursing home she works at is doing with her pay. here's how she put it: "i learned something disturbing about the way we get paid today. we are required to stay about 15 minutes after our shift ends in order to count the medicine with the new shift cna and to tell them about the patients,etc. and yet, we are not paid for that time! this is illegal but i would like to know if it is typical of the healthcare industry. would you be able to post this question somewhere on the boards you read? i work hard and want to get paid for the time that i work but this might just be a standard practice for this industry, in which case i would suck it up and get used to it! our facility is known for being cheap and treating their help poorly..."

does anyone have any info that might help? we live in utah and times are tough so we would appreciate any advice.

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TheCommuter has 10 years experience as a BSN, RN and specializes in Case mgmt., rehab, (CRRN), LTC & psych.

1 Follower; 228 Articles; 316,154 Visitors; 27,607 Posts

People work "off the clock" all the time, especially healthcare workers. Although it's not right, it certainly happens.

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5,511 Visitors; 410 Posts

Yup. I used to get to work almost an hour early to get my patient assignment, look up meds, etc., but not swipe in until 15 minutes before the start of my shift.

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3 Followers; 95,908 Visitors; 36,540 Posts

At one job we were required to report 15 minutes early to get report and count. At the proper time, both nurses went to the time clock to punch out and in on time. Not right, but necessary if one wanted the job. Who is going to complain to the Labor Board when there are no jobs available?

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JennRN65 specializes in ICU, Cardiac.

2,846 Visitors; 75 Posts

Sorry, not right in any way. In 17 years in healthcare, I have never clocked out and completed required work.

I would be complaining to the Labor Board, it's illegal what they are doing.

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34,360 Visitors; 6,372 Posts

I've never worked in any facility that outright required staff to work off the clock. Frankly, that would make them sitting ducks for the labor board.

But what many institution do is this: build a break into the working shift that is longer than required by state/federal law, then use that time as an "overlap" with the oncoming shift. For example, many employees who work an 8 hour shift are entitled (by law) to a 30 minute paid break. The hospital allows a 45 minute lunch or dinner break. The employee then "owes" 15 minutes of working time back to the employer, which is used as the overlap with the on-coming shift.

In this case, an employee who does not get to take a lunch/dinner break needs to notify his/her supervisor in writing and request that time to be paid.

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AprilRNurse has 3 years experience and specializes in Med/surg, rural CCU.

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No- normal or not..it is not legal for them to do. She should not clock out until she is finished working.

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598 Visitors; 3 Posts

If my mom reports this to the Labor Board will her employers know it was her that reported them? It seems to be a common problem but it doesn't seem right to just roll over and let them walk all over you. And thanks everyone for the replyes so far.

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mamamerlee has 35 years experience and specializes in home health, dialysis, others.

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The Labor Board will look into all unfair labor practices without telling the business who did the reporting. Most places build that overlap into the paid shift time, which is why the shifts end 15-30 minutes past 8 hours.

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4,309 Visitors; 141 Posts

Just really curious as to why a CNA is counting medications. If that is the case, I would say working off the clock isn't the only thing illegal going on in the company....

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AprilRNurse has 3 years experience and specializes in Med/surg, rural CCU.

3,574 Visitors; 186 Posts

Just really curious as to why a CNA is counting medications. If that is the case, I would say working off the clock isn't the only thing illegal going on in the company....

Yea, I meant to comment on that as well. But I thought maybe it was a TMA?

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5,443 Visitors; 379 Posts

Our state has medication aids that are able to do everything except VERY certain meds in ECF / SNF's

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