Agency Refusing Overtime Pay!

[MiracleMommy35]

Hello!

I have been working for an agency in Virginia Beach for almost a year now, I won't say their name but it rhymes with Taxim. I have been working per diem at a few different hospitals but recently started sticking to just one hospital. I have had no problem working overtime with this hospital until recently when they changed their rules and can no longer offer Per Diem nurses overtime. I figured "no big deal I will just get my overtime in at another hospital". Well my agency just told me they can pay me overtime if I split my hours between two hospitals because they can't bill either hospital for my overtime. I understand where they are coming from but I am still their employee on their payroll and I believe it is illegal to not compensate me for overtime regardless of where I do my hours. I know my agency makes a pretty penny on me for every hour I work and they can easily afford to make up my overtime pay. Is what they are doing legal? I don't know how to approach them about this. Is my state different in their overtime law because it is a commonwealth? Please any advise would be very helpful!

[MiracleMommy35]

Anyone?

[llg, PhD, RN]

What you are asking is a legal question ... "Is your agency legally required to pay you overtime in that circumstance?" You'll have to ask a lawyer about that -- or perhaps you can read/interpret the labor laws yourself. But we are nurses here, not legal experts and cannot give you expert legal opinion.

You'll have to ask a legal expert.

Do you have a contract with your agency? Employee handbook? Agency policies? etc. I would check there first to see if there is anything in writing about overtime payments that you have agreed to when you signed on with this agency.

[Kooky Korky, BSN, RN]

Yes, do check with the Labor Board (federal). Try getting the right contacts via your Federal Senators' offices

and House of Representatives' offices (federal).

Your post is confusing, in that you say the agency can pay you overtime but then state they can't or won't pay you OT.

In your state, what is the definition of overtime? Over 40 hours per week? more than 8 hours per day?

Other?

Good luck.

[caliotter3]

Didn't you post this previously?

[Been there,done that, ASN, RN]

Again.. you will get OT IF the hospital pays it. You could work 80 hours a week, "taxim" does not have to pay you OT if it is split between hospitals. Each contract is separate.

[Wolf at the Door, BSN]

so you thought you could stick it to the agency, Nope you can't.