Black Monday, August 23, 2004

RN92 · Aug 21, 2004

There is a nsg shortage across the country. Regardless of what bill is passed, health care agencies/ hospitals will have to compete for nurses. As long as we refuse to work without overtime pay, they arent going to have much leverage (leaverage?). For instance, there is a law that requires employers to pay at least minimum wage...but due to our skill level, they pay more. If my hospital says, "We are cutting out overtime pay", you better believe I will be looking for another job - and Im pretty confident that the hospital across the street or across town will be waiting with a red carpet (and overtime pay) for any and all nurses they can get. We dont have to sit back and let this happen. DEMAND BETTER - DEMAND WHAT YOU'RE WORTH!

barefootlady, ADN, RN · Aug 21, 2004

Thanks for your response ERslave. But no one seems to be responding with any black and white particular specifics given to them by the facility/employer they are working for. I would think that since this day is almost here, many people would have discussed this issue with their HN, DON, or CEO in some form and would have gotten answers they are comfortable with or not. I guess most of the nurses here are working to supplement a spouses income and not too impacted about a change in funds.

VickyRN, MSN, DNP, RN · Aug 21, 2004

Thanks for your response ERslave. But no one seems to be responding with any black and white particular specifics given to them by the facility/employer they are working for.

I think this is because this is yet another vague and verbose federal law that even the lawyers or business executives can't decipher as to what the actual concrete results are going to be.

RN4NICU, LPN, LVN · Aug 21, 2004

Nothing is changing at my workplace. We are still paid OT after 40/week and when called in if on-call. Management did not receive OT compensation prior to this, so they will not be receiving it now either.

Tweety, BSN, RN · Aug 21, 2004

Nothing has changed at my place of employment either. As far as I know we will continue to get overtime as well. We also get "short staff pay" which gives us time and a half even if we haven't hit forty hours. For instance if you worked 36 hours one week and then come in for four hours then the four hours is time and a half.

I'll let you know if there are any memos when I get to work and check my email. We've never had mandatory overtime other than the critical units, OR, L&D, etc on call. So if it ever comes to down to no overtime pay, then I won't work overtime. Simple as that for now. :)

Good topic, I'd be interested to hear what's going on elsewhere as well. :)

jemb · Aug 21, 2004

Everything I've seen says that to be exempt you must be 'salaried'. So the changes would not be applicable to nurses paid hourly, even if we meet the other exempt qualifications of education, professional, supervising two or more other employees, etc. Only salaried positions would be subject to the new exempt rules, and most of us do not fall into that category.

Trust me, facilities are not going to change to paying nurses salaries. Why would they do that when they can now send somone home early or call them off when the census is low, and not have to pay them for the hours not worked?

Butternut · Aug 21, 2004

I don't understand. What are they trying to do to us now? Please explain.

Thanks.

barefootlady, ADN, RN · Aug 21, 2004

Just let me say that when a boss says "trust me" and does not put it in writing, I start to worry about what they are planning for me and how bad it will be. I think of these big chains like HCA and Tenet that will find any way they can to keep the employee salary low. I do not think a lot of facilities will start out by observing this new law, but only time will tell how it will effect us in a year or two. Sure they send us home now or call us off when the census is low, but what happens when they test the water and find out they can mandate us to work without overtime. I am hearing that some nursing home facilities are already testing this plan in our area with the LPN's. So how long do you think it will take before the hospitals follow their lead? I really think this will lead to big problems in the months to come. Like the flu season when staff gets ill too. Vacation time and holidays. The list could go on but I guess you get my train of thought. Anybody with ideas?

jemb · Aug 22, 2004

Sure they send us home now or call us off when the census is low, but what happens when they test the water and find out they can mandate us to work without overtime.

If you are paid hourly and not salaried ($X per week or month regardless of how many hours you work during that period), the new law will not affect you.

MultipurposeRN · Aug 22, 2004

I read the specs, and it doesn't seem real clear. I personally have not heard anything specific from any of my workplaces yet. And it could be because of what ERSLave said...there is a shortage, and if they start mandating OT without compensation, there will be a worse one. The hospitals may not want to put the word out yet, otherwise they may face a huge outflow of staff. The law seems to be it's just reiterating what's already in place, as salaried people never did get OT, and that's what my primary job is now.

bwalston · Aug 22, 2004

If you are paid hourly and not salaried ($X per week or month regardless of how many hours you work during that period), the new law will not affect you.

That's how I read the interpretation of the law too. I think there are three parts that must be met in order for OT to be cut:

1. Pay must be quoted as salary, not hourly; AND

2. Must exceed $400 (can't remember the exact figure) per week; AND

3. Must be classified as "administrative"

The way I read it is if your pay is quoted as an hourly rate, you are still due the OT.

I will try to find the exact article and post either it or a link.

Hope this helps.

Bill