Backpay for unpaid overtime, what to do it company doesn't respond.

Nurses General Nursing

Published

I used to be in a New graduate program and a pretty prestigious hospital with shifts from 7-730. My first day on the floor I stayed until 10:30 pm, second day until 11 pm and mind you I was almost late for work the next day because factoring in the commute home, I would get home very late. I would never get paid for after 730 no matter how late I stayed.

This hospital works on an honors system in which you do not clock in or clock out. As I learned later, if you work late, the charge nurse writes down the time you stayed until and same if you come in late. I think there may be another way to put in overtime online but I was never taught that and didn't know about it until I resigned.

My preceptor would have me stay late for a variety of reasons. Sometimes at 8/830 we would still be hanging medications because she would volunteer us to do some things for night shift, and once we finally finished all of that we would have to do all the charting that we neglected. There were many days that i finished everything on time, but would be dismayed as to how I would still leave at 10:30 pm because I would have to re-write my whole end of shift note. And mind you, I understand learning but I would say the exact SAME thing that my preceptor would like me to say on my own, but still she would delete the whole thing and many times she would literally type up my note. Many of the corrections involved putting abbreviations on certain words, and another preceptor was shocked that this one didn't think my notes were okay and that we'd rewrite the whole thing. This process made took hours, and multiple people on my floor would tell me that it was ridiculous that I was staying so late, and that I should change my preceptor all together...MULTIPLE.

My educator always reiterated to us that "New grads don't get overtime." Thats all she said. She knew we were staying late but said that we dont qualify for overtime, but we were never told to go home. Many of my peers on other floors thought that this was odd and downright illegal because they all received overtime new grad or not.

Anyways after I resigned shortly after (Because of many reasons but being overwhelmed was one of them), I called the union to verify and the rep said that was absolutely not true and that everyone gets overtime if you stay late, new grad or not, probationary period or not, charting or not and she advised me to write a letter to the labor manager at HR at this hospital outlining what happened and end it off with the charting timestamps will prove that I stayed late on these days (Toward the middle of my stay at this hospital I was advised by someone to write down the times that I was leaving.)

I mailed this letter (did not certify the mail or anything) and after two weeks I received no response so I emailed the letter to this specific person in HR and she called me the day later. (And she never confirmed that she received my mailed in letter or not.) She asked questions about what was being said, why we were staying late, etc, and said she would get back to me. Unfortunately, its been a month and I have not heard back from her. I definitely don't think it is a coincidence.

Should I call back and ask what was the outcome? Should I go directly to the state with my complaint. My biggest issue now is how the situation is being handled. Even if you do not think I am entitled to back pay I think it's ridiculous to ignore someone.

Up Vote Up Vote ×
Specializes in ICU.

It's a major hospital system with a union and you never punched a time clock?? Am I missing something? Who on earth writes your time down in this day and age? In a major hospital system, mind you. Maybe Ma and Pas nursing home, but a hospital? With a union?

Up Vote Up Vote ×

It's ridiculous for any new grad on orientation to stay over that late- especially multiple times. I can understand why you chose to do it if your preceptor presented it as a requirement, though. Do you already have a new job?

Up Vote Up Vote ×

I stopped reading when I got to the sentence where you said you resigned. Your employer has no incentive to listen to your complaint. File a complaint with your state's Labor Board for the unpaid wages, but you will probably find it difficult to get to first base without proof of time in and time out. Just this morning I heard about a lady who won her Labor Board claim. When it came time to collect her judgment, a completely different story. The Labor Board kept telling her that she won her claim. The End.

Up Vote Up Vote ×

Yes, major hospital with a MAJOR union, the same union as my recent new job. And no, you would have to find the charge nurse and tell them "that I am leaving now." or put some online note. I feel like this system simply discourages people from putting in their overtime and thus prevents the company from paying as much. I've heard many other people say that I don't wnt them to think "this" so I'm not going to find them and tell them that I am staying late...even though we all know they are. I'm almost positive that if you don't say anything to them, even if the charge's know you are staying late, that you won't get overtime

It's a major hospital system with a union and you never punched a time clock?? Am I missing something? Who on earth writes your time down in this day and age? In a major hospital system, mind you. Maybe Ma and Pas nursing home, but a hospital? With a union?
Up Vote Up Vote ×

Isn't the incentive for people not to sue? Then again I probably signed some kind of clause that said that I can't sue. I simply did what our union representative suggested that I do. Secondly, she also said that the timestamp from charting show time times I left and honestly ANYONE can attest that I stayed ridiculously late, not that they would necessarily help me in this kind of situation. While I suppose you are right and they don't "have to listen to my complaint," it interesting that they would just ignore it, I mean the educator went around saying that "New grads don't get paid overtime."

I stopped reading when I got to the sentence where you said you resigned. Your employer has no incentive to listen to your complaint. File a complaint with your state's Labor Board for the unpaid wages, but you will probably find it difficult to get to first base without proof of time in and time out. Just this morning I heard about a lady who won her Labor Board claim. When it came time to collect her judgment, a completely different story. The Labor Board kept telling her that she won her claim. The End.
Up Vote Up Vote ×

I can honestly say that I stayed late almost every day. Only the handful of times that I was with another preceptor did I go home ontime. (And this is when I finished my work/all the work on time). Almost every nurse on the unit came up to me at one point or the other to say that it is ridiculous that I am still here and that your preceptor is making you stay. SO many other people on other units said that that wasn't right and that I should do something which is why I filed a complaint. I was scared to do it at first, but everyone convinced me. Hearing what some other people made with only 1 hour of overtime upset me because I was literally working 15-16 hour days. If I left at 830 everyday that would be absolutely fine! I wouldn't be complaining or asking for overtime at all as I understand that I am here to learn, but I was staying until 10 or even 11 and exhausted for no compensation at all. Before getting another hospital job, I've been working at a SNF concurrently and my check at the SNF was more than the hospitals, and mind you my former hospital's wage is $5 higher than at this SNF. So this is pretty significant to me.

All together I am starting to get a sense that this hospital uses the "honor system" to its advantage.

It's ridiculous for any new grad on orientation to stay over that late- especially multiple times. I can understand why you chose to do it if your preceptor presented it as a requirement, though. Do you already have a new job?
Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

File with the state department of labor division of wages. Your former employer has zero incentive to care.

Up Vote Up Vote ×
+ Add a Comment