Published Jun 19, 2011
handyrn
207 Posts
I am relatively new at a job and heard something today that is not sitting well with me. I was told today that if your shift ends at 2pm, you are paid until 2pm, no later! If you have to stay until 3:30 (or whenever) to get caught up on meds, charting, etc, too bad. You get paid until 2pm and that's it.
I was under the impression that federal law states that if you are allowed to stay and work past your hours, you had to be paid for them. The only way they could deny payment is if they forced you to leave at 2pm then you wouldn't get paid past 2pm, however, if you are allowed or required to stay and finish your work, doesn't law state that they have to pay you?
FLArn
503 Posts
At our facility all OT must be approved, so yes they must pay you for all hours worked. They track who has overtime and why and probably will result in counseling for "time management issues."
Whispera, MSN, RN
3,458 Posts
Are you salaried? That generally means you work however many hours it takes and get paid for 40 per week if full time...
Riseupandnurse
658 Posts
They can counsel your for overtime, demand it be pre-approved, etc., but they can NOT refuse to pay you. You need to contact your state labor relations board.
caliotter3
38,333 Posts
You definitely will hear about "time management issues" if you go over time, with or without clocking out on time. I was told at hire one time that I would be clocking out on time no matter how long I stayed past quitting time to finish my work. Since I needed the job, I didn't say a word. That was not the first or last place I worked that had that rule. Did I know they were breaking a labor law, yes; did I want my job, so I kept quiet, yes.
mappers
437 Posts
Yes they must pay you. They can't require you to work and not pay you.
dthfytr, ADN, LPN, RN, EMT-B, EMT-I
1,163 Posts
They must pay you for what they require you to do. Or as I like to put it "no money = no worky."
tokmom, BSN, RN
4,568 Posts
Yeah, I worked at a facility that told us to clock out at 3:30 and come back and chart. Some nurses actully did, even though they had no lunch or breaks all day long!
Mangement threatened us until the union caught wind, then the hospital stopped that practice.
My current facility doesn't say a word to anyone if they are OT, but rarely is there habitual OT in the first place.
AngelicDarkness
365 Posts
My legal nursing body requires I chart, so I have been known to stay late and chart after my shift without pay for it. We have to get overtime approved, and most managers at the facility don't support charting as overtime. It isn't the best, but at least I know my butt is covered by my charting.
gettingbsn2msn, MSN, RN
610 Posts
If you want to keep your job, you will do as instructed. They have already informed you that they do not want to pay. You may get written up over this as well. 3 write ups and I believe they can let you go (check your handbook). I saw this at the facility I worked at. You will have a "fired" on your record. Then if you apply for another job and it asks you if you have ever been fired, you will need to answer "yes". Not a good thing.
FWIW, labor laws are being broken all over the country. Employers KNOW they can get away with this because of the economy. BTW, employers also love the fact that this economy is getting desperate. I may sound harsh but I am bitter about my own situation.
merlee
1,246 Posts
This is a sad situation. Keep in mind that if you are off the clock you will not be covered by workers' comp if something happens to you while you are in the facility, like a slip and fall, and that you cannot for any reason do any hands on care, even in an emergency.
Technically, it is illegal to ask you to work off the clock. But most of us feel intimidated, and do it to keep our jobs. If everyone stayed late and it truly added up to many hours, the facility would eventually have to hire more personnel.
Best wishes.
maxandruby
39 Posts
Well...if you clock out late because you've not finished your charting, at where I work..nope, no OT on that. That's why time management is important. However, if that charting is not done due to something like a Fall or other emergencies happened late on your shift and of cause you have to finish that charting, then yes, that is OT.