I know this topic has been discussed before, but if it is in the wrong place then the moderators will move it or delete it. So here goes. Has anyone here been given any concrete, black and white printed information on how the new law regarding overtime will effect your pay, your job, or your responsibilities starting on Monday, August 23, 2004? I know several management types or one of a kind nurses have posted in other areas about the guidelines they have been given. I am wanting to hear from the everyday floor/staff RN. How do many of the members here plan to handle a change if one has been presented to you? Guys, this is a big change for us, so lets all jump in and come up with solutions and points of view that will help us all. Thanks for taking time to read this post and I look forward to reading the answers.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations.
The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.
See other fact sheets in this series for more information on the exemptions for executive, administrative, computer, and outside sales employees, and for more information on the salary basis requirement.
following tests must be met:
The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Have to add that I believe a lot of confusion has been generated from people not realizing that they are not paid a 'salary' if their wages are determined hourly. Media report don't help either. A lot of on air reporters just read whatever is put in front of them without any real comprehension of the subject, and manage to create hysteria where it doesn't need to be.
While we tend to think of our pay as an annual salary of $$, it does not meet the federal definition of a salary if it is based on an hourly wage. Consequently, most of us will not be affected by the new overtime law.
Most salaried employees (ask the nursing administrators) have not been receiving overtime pay anyway, so nothing will change for them either.
Isn't the DOL cut and paste above concerning current law, and not the law that takes effect on Aug 23rd.
I have read numerous articles about the new overtime laws.
My understanding is that employees who are paid by the HOUR, and who are considered "learned professionals" and/or who supervise at least two people (this means RNs) will not qualify for time and a half pay for hours worked over 40 in a week. They will be paid their straight, hourly wage for any overtime worked.
May 19--Under new Bush administration regulations on overtime pay, nurses, police officers and other key personnel could lose overtime pay, which many of them need to make ends meet.
Cheryl Johnson, RN and president of the 100,000-member United American Nurses, and Dennis Slocumb, executive vice-president of the International Union of Police Associations, called on Congress Wednesday to pass an amendment offered by Sen. Tom Harkin (D-Iowa) that would prevent the overtime regulations from taking away overtime pay rights from workers who qualify under current rules.
The new overtime regulations, which redefine who is eligible for overtime pay under the Fair Labor Standards Act, will go into effect Aug. 23 unless Congress acts to stop them. The Senate passed the amendment May 4, but House Republican leaders twice have blocked votes on a similar measure--refusing to even allow a debate on the issue. Most recently, House Republicans, yesterday, blocked by 216-199 an effort by Democratic Rep. George Miller (Calif.) to vote on a provision that would require the U.S. Department of Labor to retain the eligibility of all workers who currently qualify for overtime pay.
New Regulations Mean Employers Could Deny Overtime Pay to More Workers
Although the Labor Department claims the new regulations protect nurses and police officers, a review shows they would make it easier for employers to deny overtime pay to hourly employees, including most registered nurses, said Johnson speaking at a May 19 AFL-CIO telephone press conference.
A registered nurse who typically works 50 hours a week would lose $6,500 a year as a result of the Bush regulations, which could be used to deny overtime pay to police officers, deputy sheriffs and other front-line responders.
Because of a nationwide shortage of nurses willing to work in hospitals, mandatory overtime is routinely used to make up for inadequate staffing, which contributes to nurse burnout and jeopardizes patient care, according to a November 2003 study by the Institute of Medicine (IOM) of the National Academies. Taking away overtime pay would worsen the situation and cause more nurses to leave the profession, Johnson said.
"America's registered nurses and America's patients deserve better than this," said Johnson. "At a time when registered nurses are leaving because of poor working conditions, lack of respect on the job and poor pay, DOL [Department of Labor] is sending a new message that will discourage people from becoming nurses."
The Bush administration says the new regulations specifically protect overtime pay for law enforcement, but that section of the rule is so vague and confusing it is unclear whether law enforcement personnel are protected, Slocumb said. The regulations do not specify which law enforcement officers are managers and which are not and make it easier to exempt police sergeants, for example, who perform some supervisory and some police duties, he said. Such issues almost certainly will end up in court, Slocumb added, as police officers seek clarification of the regulations.
Cities and states across the country are facing budget crises, Slocumb said, and many will be tempted by the new overtime regulations to cut budgets on the backs of law enforcement employees. "The men and women who protect our cities are caught in the cross hairs of a poorly conceived rule by the Department of Labor," he said.
According to the DOL, RNs as "learned professionals", meet the requirement for excemption from overtime pay. Excerpt from Dept of Labor website:
Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.
Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.
Once again, thanks for posting that little tidbit of information. I still think there is going to be some big changes in our wages. I think the message is spelled out loud and clear by Ms. Johnson. I think we are all only getting half of the story until TPTB find a way to stick it to us. I guess only time will give us an answer.
According to the DOL, RNs as "learned professionals", meet the requirement for excemption from overtime pay. Excerpt from Dept of Labor website:
Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.
Yes, RNs do meet the "learned professional" exemption. However, only "if paid on a salary basis of at least $455 per week, may be classified as exempt."
Salary! Salary!!! Apologize for shouting, but want to give it one more chance to be heard.
Okay. Now I give up. If you want to stress about it, go ahead.
I know this topic has been discussed before, but if it is in the wrong place then the moderators will move it or delete it. So here goes. Has anyone here been given any concrete, black and white printed information on how the new law regarding overtime will effect your pay, your job, or your responsibilities starting on Monday, August 23, 2004? I know several management types or one of a kind nurses have posted in other areas about the guidelines they have been given. I am wanting to hear from the everyday floor/staff RN. How do many of the members here plan to handle a change if one has been presented to you? Guys, this is a big change for us, so lets all jump in and come up with solutions and points of view that will help us all. Thanks for taking time to read this post and I look forward to reading the answers.
I work for the govt... I have not received any memo's etc. about how if will be affecting us.... I have had for several years a second job....if they do not pay overtime at my first job,,I will work at my second.....it will be their loss... and I will continue to fight this law with the unions support...the union has been faxing and calling and lobbying ever since this stupid thing began...
I'm with you...I'm waiting to see or hear something in black and white. Nothing has been said or done here in Illinois that I've heard, but I like you and very interested in people's responses as I count on the overtime I work for.
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.
Yes, RNs do meet the "learned professional" exemption. However, only "if paid on a salary basis of at least $455 per week, may be classified as exempt."
Salary! Salary!!! Apologize for shouting, but want to give it one more chance to be heard.
Okay. Now I give up. If you want to stress about it, go ahead.
My opinion is let them do what they will to us............and as always we will stick together and make them change it STRIKE my friends STRIKE.... They need us and they know it.
Yes, RNs do meet the "learned professional" exemption. However, only "if paid on a salary basis of at least $455 per week, may be classified as exempt."
Salary! Salary!!! Apologize for shouting, but want to give it one more chance to be heard.
Okay. Now I give up. If you want to stress about it, go ahead.
Okay, ok, you have the right to shout!
There's something I want to shout, too:
HIPAA NOT HIPPA!
Anyway, lol, the new overtime law is vaguely written, and although I have read it several times, I'm still not understanding the whole thing. People who are paid a salary never got overtime, anyway.
jemb
693 Posts
From the Department of Labor website. If you want to read the whole thing, click on the link.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations.
The specific requirements for exemption as a bona fide professional employee are summarized below. There are two general types of exempt professional employees: learned professionals and creative professionals.
See other fact sheets in this series for more information on the exemptions for executive, administrative, computer, and outside sales employees, and for more information on the salary basis requirement.
following tests must be met:
The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.