Published May 26, 2014
VioletRiotz
3 Posts
I have a friend that has an issue and I was wondering if any of you have encountered this problem. She is being told to "clock out" at the end of her shift and then she is supposed to do more work after the fact. She is not supposed to be by the patients but this is for computer input and paperwork. I told her she shouldn't be working without being paid and she is nervous to say anything. The facility is just trying to get away with not paying overtime and so far they have succeeded. She is in NJ.
klone, MSN, RN
14,856 Posts
Illegal
ktenor
68 Posts
Yep, I am in mass. When I came on a few months ago a few nurses were clocking out and doing more paperwork, because they were tired of being bullied by DON for requesting overtime for staying a little extra.. But now they are not doing that because enough people told them that is illegal and shouldn't be doing that.
akulahawkRN, ADN, RN, EMT-P
3,523 Posts
If I'm doing work for my employer, I'm on the clock. Oh, and if I'm terminated for refusing to work after being required to clock out... more bad stuff can follow.
lmccrn62, MSN, RN
384 Posts
Call the labor board they will investigate. If found this practice happens they can be fined and have to pay back pay.
trishmsn
127 Posts
As stated, this is illegal in all fifty states, D.C., and every U.S territory. Only those on salary can be expected to work outside of normal designated hours, with the idea that they are done when the work is (and that they are not penalized for missing time during "normal" hours as partial compensation).
This needs to be reported to the appropriated state agency ASAP. If you are an hourly employee, and you are in your work area (i.e., not at a baby-shower in the break room) you are on the clock. Period. You don't lift a finger until you clock in, and you don't clock out until you are inches from the door. Does not matter a BIT if you are charting instead of touching a patient. If ONE person always needs OT, they are either newbies or have time managment issues. If it is across the shift, there are staffing concerns....and someone is trying to hide the understaffing/unsafe ratios by pulling this OLD, OLD trick.
aflahe00
157 Posts
Oh hell no. That's illegal.