Brief backstory: I am a registered nurse. I graduated in 2011 and found my first job in a hospital that same year working on a floor. I worked 80 hours every 2 weeks, which consisted of six 12 hour shifts and one eight hour shift. The hospital had high turnover and was in an economically depressed area in upstate NY. I worked at that hospital for about seven months before moving on and moving to a different state.
Generally I worked my six twelve hour shifts in succession so that I could have a long stretch of days off. For example, I would work my six twelve hour shifts in a row then get like 8 days off. However, even though I would sometimes 60 to 72 hours in one week, I was never paid overtime. My coworkers explained that because the two weeks were averaged into a single pay period and that because I didn't go over 80 hours, I wouldn't receive overtime. I didn't know much about labor and how that all works so I just accepted that as true. Now its 2014 and when I tell people about how I was paid, they all tell me that what my employer was doing was illegal.
Is that true? How far back would I even be allowed to take action for this?
I just want to point out that "if" you were working overtime (ie 72 hours in one week) then 0 the next, then you would only be a part time employee.
Thus you would have to pay them back for whatever benefits they granted you that arent given to part time employees. So youd end up owing them 1000s of dollars for health insurance plus possibly dental, 403b matching etc etc.
The old job was 76.5 hours biweekly. 3.5 hours was deducted from 80 due to automatic meal deductions.
It's not true that if you owe money back for benefits if you don't fulfill the requirement of being what is traditionally full time. My current job is a 36 hour position. I only work 3 12s each week. For benefits purposes, I am the same as someone who works 40 (full time). Technically I am considered part time with full time benefits.
I just want to point out that "if" you were working overtime (ie 72 hours in one week) then 0 the next, then you would only be a part time employee.
Thus you would have to pay them back for whatever benefits they granted you that arent given to part time employees. So youd end up owing them 1000s of dollars for health insurance plus possibly dental, 403b matching etc etc.
Not necessarily. If you work 72 hrs over a 2 week period, you work a 0.9 FTE position. Every employer is different with how they determine part-time/full-time status for benefits. When I worked in the hospital, full-time for benefits was 30 hrs/week (0.75 FTE). You could have a 30 hr position and work 48 hrs one week and 12 hrs the next and you were still a full-time employee. My current employer audits hours in 8 or 12 week blocks and as long as you've worked your 480 hours over that 12 week period if you're a 40 hr employee, it doesn't matter how they were divided. They don't back-charge for benefits either. If you're under hours, the most they do is take out PTO.
Specializes in NICU, PICU, Transport, L&D, Hospice.
I did not self schedule. They scheduled me and asked people if they wanted long stretches off or if they wanted things spread farther apart.
Yes, the job offered was 12 hour shifts, 80 hours biweekly. But it appears they if they want to compute overtime on a biweekly basis under the 8/80 system, they have to pay overtime for the extra 4 hours of each 12 hour shift you work. Am I not reading that right? Contracts to waive overtime don't seem to be legal.
Bold mine.
that is the caveat right there, because these are regularly scheduled 12 hour shifts the hospital is NOT using an 8/80 system, they are using a 12/80 system.
Specializes in Nurse Leader specializing in Labor & Delivery.
Bold mine.
that is the caveat right there, because these are regularly scheduled 12 hour shifts the hospital is NOT using an 8/80 system, they are using a 12/80 system.
Which does not exist under federal labor laws. A 12/80 system is not legal.
Specializes in Nurse Leader specializing in Labor & Delivery.
Maybe they should, because if they're not being paid overtime, it would appear they are breaking the law, per the US Department of Labor website.
Fact Sheet #31: Nursing Care Facilities Under the Fair Labor Standards Act
This fact sheet provides general information concerning the application of the minimum wage, overtime pay and child labor requirements of the Fair Labor Standards Act (FLSA) to skilled nursing care facilities, intermediate care facilities, and nursing and personal care facilities. It is designed to provide general information on the requirements of the FLSA and to alert employers to certain employment practices that result in FLSA violations.
Coverage: The FLSA covers all nursing care enterprises, public and private, whether operated for profit or not for profit.
Minimum Wage: FLSA covered employers are required to pay all nonexempt employees the Federal minimum wage of not less than $7.25 an hour effective July 24, 2009, on their regularly scheduled payday.
Overtime: Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked. Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the "8 and 80" system. Under the "8 and 80" system, the nursing care facility may pay employees -- with whom they have a prior agreement -- overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period.
Recordkeeping: Employers are required to maintain accurate payroll and time records. Time records must be preserved for two years and payroll records must be kept for three years. Employers must also record and maintain the dates of birth for employees under age 19.
Exemptions: Certain employees whose primary duties are managerial, administrative, or professional in nature are exempt from the FLSA's minimum wage and overtime pay requirements.
Youth Employment: The FLSA sets a minimum age of 14 for most youth employed in covered non-agricultural employment. Fourteen- and 15-year-olds can work for limited periods of time each day (outside school hours) in specified occupations which do not interfere with their schooling, health, or well-being. Sixteen- and 17-year-old individuals may work at any time for unlimited hours in all jobs not declared hazardous by the Secretary of Labor.
Common Industry Problems
Non-exempt employees must be compensated for any time during which they perform activities that benefit the employer.
The most common violation in the nursing care industry is the failure of employers to pay for all the ours worked. This uncompensated time most frequently occurs when employers fail to pay for work performed:
Before and after a worker's scheduled shift;
During an employee's scheduled meal period; and
While employees are attending staff meetings and compensable training sessions.
Minimum wage and overtime pay violations also occur when employers make deductions or demand reimbursement for the cost of required uniforms or equipment.
Individuals not otherwise employed by the facility who volunteer – without expectation of pay – to attend to the comfort of nursing home residents in a manner not otherwise provided by the facility are not considered employees under the FLSA. However, individuals (including residents) who perform work of any consequential economic benefit to the facility are employees and entitled to FLSA minimum wage and overtime.
Overtime pay violations often occur when employers:
Fail to pay overtime after 8 hours of work in a day for workers (both full time and part time) who are under the "8 and 80" system.
Pay overtime after 80 hours worked during a biweekly period rather than after 40 hours in a workweek to employees not under the "8 and 80" system.
Fail to combine hours worked in more than one department or at more than one facility when determining the total overtime hours worked.
Fail to include in calculating overtime hours the time spent or hours worked while performing on-call assignments.
Fail to include shift differential, bonuses or on-call fees in calculating an employee's regular rate.
Fail to pay overtime to non-exempt, salaried employees (e.g., clerical staff, cooks, and activities directors).
Specializes in Nurse Leader specializing in Labor & Delivery.
As you can see, per Federal Law, there is no such thing as a "12 and 80" system. There is "anything over 40 hours in a week is overtime" or there is "8 and 80".
Specializes in Nurse Leader specializing in Labor & Delivery.
Okay, but they cannot violate federal law while doing so. It's federal law that has the final say in whether OT pay is warranted, not an individual facility. And per federal law, there is no such thing as a 12 and 80.
Specializes in NICU, PICU, Transport, L&D, Hospice.
Okay, but they cannot violate federal law while doing so. It's federal law that has the final say in whether OT pay is warranted, not an individual facility. And per federal law, there is no such thing as a 12 and 80.
I see that they do not identify that specifically, thank you for that clarification.
But the FLSA does recognize the ability to pay based upon OT in a work week RATHER than the hours per day, which covers the 12 hour shifts of many health care professionals.
RNdynamic
528 Posts
The old job was 76.5 hours biweekly. 3.5 hours was deducted from 80 due to automatic meal deductions.
It's not true that if you owe money back for benefits if you don't fulfill the requirement of being what is traditionally full time. My current job is a 36 hour position. I only work 3 12s each week. For benefits purposes, I am the same as someone who works 40 (full time). Technically I am considered part time with full time benefits.