Clocking out ..NO Overtime

[SNFLPN]

okay.. I work in SNF , I have been talked to about my overtime hours. Come to find out many of the LN staff clock out then come back to finish charting ..etc. Really? on their own time. Because they are intimidated by the DNS. DNS says we cant have overtime and she is getting pressured by corporate office.

1. Makes me look like I am the only one getting out late.

2. Paints a wrong picture of what really needs to be addressed. ie Acuity level

3. The legality of being off the clock at still on the floor!

4. Who wants to work for free? or better yet divide the hours you give them for free and subtract it from the rate of pay you get. Do I see any hands?

[betterlatethennever]

When I worked 12 hours and my boss came to me about my 'poor time mangement ' I looked at her and said I signed up for 12 hour shifts not 13-14 hours we need more staffing the acuity is too high. She just said well just make sure you write down a reason and justify why your staying. Is she crazy,I will never work for free. (Their were a few others who didn't mind and would clock out cause they didn't want to be talked too by management)

[NicuGal, MSN, RN]

Correrct, but how many floor nurses are salary? Not many. Once you clock out you are not supposed to continue to work, if you finish patient care, you are not covered by the hospital for anything that happens. If you need to document, then you do it before you clock out as that is part of your job. We had a huge class action lawsuit against our hospital many years ago because of this and the hospital ended up paying almost all of it's nurses what was equivlant to 2 weeks work.

My husband is salaried, but for every hour he works over 8 hours he receives extra PTO time. But, he is not in patient care.

[imintrouble, BSN, RN]

I clocked out and charted when I was a new nurse.

I wouldn't do that now. I don't do that now.

I was younger, scared, and I was afraid they'd fire me.

[FLmomof5]

I quit a job that verbally 'encouraged' us to work off the clock, but said we wouldn't be covered if something happened to us and we were there off the clock. Also we were told that we would be charged with theft if we didn't clock out on time. I gave 2 weeks notice and never looked back!

[IrieVybez]

What if your hospital is trying to limit the amount of overtime people are taking? Then what do you do?

Our hospital is also understaffed and nurses sometimes have to stay over. These nurses too have to worry about working too much overtime. Is it really cheaper in the long run (taking into account possibility for medication errors, documentation errors, etc) to have someone stay over than to hire staff?

[KelRN215, BSN, RN]

What if your hospital is trying to limit the amount of overtime people are taking? Then what do you do?

Our hospital is also understaffed and nurses sometimes have to stay over. These nurses too have to worry about working too much overtime. Is it really cheaper in the long run (taking into account possibility for medication errors, documentation errors, etc) to have someone stay over than to hire staff?

It's not cheaper in the long run when facilities make illegal business practices their standard and then get sued because of them. Hospitals in my city have lost lawsuits to the tune of $8-$20 million over such practices.

[Vespertinas]

this quote comes from the u.s. department of labor website and it's interesting that their example directly relates to your situation. maybe you can just print this out and leave it with your manager:

unauthorized hours worked

employees must be paid for work “suffered or permitted” by the employer even if the employer does not specifically authorize the work. if the employer knows or has reason to believe that the employee is continuing to work, the time is considered hours worked.

see regulation 29 cfr 785.11.example #13:a residential care facility pays its nurses an hourly rate. sometimes the residential care facility is short staffed and the nurses stay beyond their scheduled shift to work on patients’ charts. this results in the nurses working overtime. the director of nursing knows additional time is being worked, but believes no overtime is due because the nurses did not obtain prior authorization to work the additional hours as required by company policy. is this correct? no. the nurses must be paid time-and-one-half for all flsa overtime hours worked.

u.s. department of labor - wage and hour division (whd) - fact sheet

[nurseprnRN, BSN, RN]

perfect, vespertinas. it also shows that the usdl knows who's looking this up the most often and recognizes the situation is common. no wiggle room there, either. chapter and verse, op-- print it out and distribute it widely.

[myviefolle07]

Same at my SNF, it's just too much in 8hrs! I work with 20-30 patients/residents everyday! And lately DON got in trouble because some "new" nurses (including me) were not clocking out and working off clock (like the older nurses do). I heard her SCREAMING in the office guys! Does that intimidate ME? No- coz I know what others are doing is illegal! I see 98% of them give report, clock out and stay 2-3 hrs more to finish their work! They are all SCARED they'll lose their jobs! They are soooo very nice nd sweet old nurses (I am new & 24) who deserve respect & their overtime pay! But they clock out and work coz they've done this FOR YEARS since they've been here! I am a fighter & I want to "save" them! One of them even remarked -"you know I feel like crying myself to sleep when I go to bed because of my job".. It broke my heart that these nurses give their ALL and still the DON and administrator treats all of them like that! This SNF is a successful business due to them but what can I do? I have made it clear that I am not gonna "follow the norm & clock out". The ADON called me to her office and tried to coax me verbally into clocking out but I told her "it's illegal". And she went quiet! They've paid me overtime without doubt BUT I am afraid this will be a strong reason for them to get rid of me in the future! I feel like I am walking on thin ice everyday I work there! I NEED A NEW JOB!

[MN-Nurse, ASN, RN]

Tough it out and find another job as soon as you can.

My facility started blanket institution of the discipline policy for those of us who were incurring overtime due to high patient acuity and inadequate aide staffing.

The union came down on them for violating the terms of the contract (you can't send employees down the discipline track en masse) and they backed off.

[Lynx25, LPN]

Yeah, nope, never, not gonna happen.

You are paying me every last red cent you owe me.