Can a nursing home have their RNs work 60 hour weeks?

Altra, BSN, RN · Apr 21, 2012

Assuming that you are in the U.S. ... a wealth of information here on the Fair Labor Standards Act:

U.S. Department of Labor-Wage and Hour Division (WHD)-Topical Fact Sheet Index

It's impossible to comment on your situation without specifics. Nurses are sometimes classified as "exempt" workers, meaning that they are exempt from the requirement to pay an overtime rate for work in excess of 40 hours/week. It's the managerial functions of nursing, including acting as charge/supervisor, that make it somewhat of a gray area.

caroladybelle, BSN, RN · Apr 21, 2012

If they are on salary, rather than hourly wages, frequently yes.

Per federal law, signed by Bush, nurses can be considered "exempt" employees with regards to overtime pay. Though many states and local authorities have stricter guidelines on exempt status.

What was the agreement made by the employer when hiring?

dudette10, MSN, RN · Apr 21, 2012

Whether it's legal or not, it sucks. ETA: If you're an hourly employee, that is. As a previously salaried non-nurse, it also sucks, but I knew that going into a salaried position.

For what it's worth, this thread got me looking at my pay stub. I'm classified as non-exempt. WOOHOO!

Meriwhen, ASN, BSN, MSN, RN · Apr 21, 2012

The best way to answer this question is to check with your HR to see what your status is. If you're salaried or exempt, then yes, they can claim your position is exempt from OT. If you're hourly or non-exempt, you are entitled to overtime.

I was salaried once...and yes, I occasionally put in extra hours without getting OT pay. On the other hand, there were days when I was able to leave early and not lose any pay by doing so, so for me it evened out. Your mileage may vary.

kids · Apr 21, 2012

Also google Dept of Wage and Labor (or Labor and Industries).

Individual states usually define when and what is overtime and it can vary.

I've seen states define OT a lot of different ways, of the top of my head:

more than 8 hours in a day

more than 'x hours' in any 7 day period

more than 'x hours' in the employer defined work week

more than 'x hours' in a calendar week

Depending on your state employment laws and your employer's policies it is completely possible for an employee to work 60+ hours (or more) in a "week" and have it NOT be overtime.

(I've worked a lot of creative shifts over the years that maximized days off while still hitting full time without going into OT: 8 10s with 6 days off, 6 12s with 8 days off, 7 on/7 off.)

mell260 · Apr 21, 2012

An hourly wage was given with no mention of overtime, just 60 hour weeks.

caliotter3 · Apr 21, 2012

In my state, employers frequently get around the daily overtime laws by getting an employee to sign a waiver to work 12 hour shifts without overtime, instead of eight. Or, they just refuse to pay the overtime, counting on the employee keeping quiet, for fear of losing what job they have and getting blacklisted. It happens very often.

mell260 · Apr 21, 2012

Whether it's legal or not, it sucks. ETA: If you're an hourly employee, that is. As a previously salaried non-nurse, it also sucks, but I knew that going into a salaried position.
For what it's worth, this thread got me looking at my pay stub. I'm classified as non-exempt. WOOHOO!

What does ETA mean?

caliotter3 · Apr 21, 2012

Edited to Add ?

Esme12, ASN, BSN, RN · Apr 21, 2012

If you are salaried, yes, but the compensation "package" must somehow compensate you for the hours. If they are claiming the "Learned Professional" they still must compensate you with a comparable package. In these exempt classifications there are very specific requirement that need to be fulfilled that include desk work, teaching and research.....that must be fulfilled. If however you are docked time for "clocking in late" of docked pay if you leave early they have documented you as a hourly employee and are then mandated by federal law to pay you overtime.

I would be cautious of a company that up front demands 60 hour work weeks without a clear compensation package for they will not treat you well and are not a good employer if they are trying to cheat you out of the gate. Go forward with caution.

KelRN215, BSN, RN · Apr 22, 2012

Yes, according to the FLSA, RNs can be classified as "exempt" employees as "learned professionals" if they are paid on a salary basis. I think it's shady to up front say that they expect 60 hrs/week from their employees though.

I recently left a hospital that considered all their RNs "salaried" so they could get away with not paying them overtime. It didn't work out in our favor at all. Your average salaried employee- if they are stuck at work 2 hours late one night, just comes in 2 hrs late the next day or leaves 2 hours early. Try that while working as a staff RN and see how long you last.