Not paid for working past your shift?

KelRN215, BSN, RN · Dec 18, 2014

If you are an hourly paid employee, this is an illegal pay practice.

WookieeRN, BSN, MSN, RN · Dec 18, 2014

Echoing as above, if they are not paying you for time you have legitimately worked, and you are an hourly employee, it is illegal.

4boysmama · Dec 18, 2014

do you clock in/out? To my knowledge, in my area floor nurses are hourly, and paid for ALL time worked.

Here.I.Stand, BSN, RN · Dec 18, 2014

Take this to your employer -- http://www.dol.gov/whd/regs/compliance/whdfs53.htm -- the part applicable to the situation is at the bottom.

They are in violation of federal labor law.

Then advise them that 1) you are no longer working for free, and 2) you will be paid for ALL of your hours worked. Of course #2 would be dependent on your being on a time clock so that you can prove hours worked...and what you should do should they refuse would be between you and a labor attorney should you choose to procure one... :sneaky:

caliotter3 · Dec 18, 2014

What you describe is typical. I encountered it at each and every LTC facility where I worked. You can not clock out and leave unless there is a charge nurse or nursing supervisor that you can give report to and then clock out and leave. That is what is done at some places as long as it is manageable. But most places require you to stay until somebody shows up. Take this issue up with your employer. If you do not like their response, then decide whether you will go to the Labor Board. Beyond the Labor Board, your next step is a labor law attorney. Best wishes.

nomadicnurse · Dec 19, 2014

we do punch in and out, and those hours are recorded. However, on the sheet we are made to sign to receive our check, it states the hours we were there, and then it states a "paid hours" section for the hours we were scheduled for (minus the 30 minute break that we all work through but are not paid for). So if I worked from 7-6:30, but scheduled from 7-3, I am only paid for 7.5 hours. Also, we are not allowed to keep these sheets but must sign it in order to have access to our checks...

817nurse · Dec 19, 2014

we do punch in and out, and those hours are recorded. However, on the sheet we are made to sign to receive our check, it states the hours we were there, and then it states a "paid hours" section for the hours we were scheduled for (minus the 30 minute break that we all work through but are not paid for). So if I worked from 7-6:30, but scheduled from 7-3, I am only paid for 7.5 hours. Also, we are not allowed to keep these sheets but must sign it in order to have access to our checks...

If you aren't an exempted employee this is a straight-up illegal practice on the part of your employer. Report these chumps after you find another job.

Here.I.Stand, BSN, RN · Dec 19, 2014

Did you read the link I posted? Someone in authority needs to see it. This is CLEARLY in violation of federal labor laws. Not a wise situation for them to be in.

NurseQT · Dec 19, 2014

Very illegal! Employers are required by law to pay their hourly employees for every last minute they are punched in and working, this includes working through your meal break. I hope you have kept your check stubs, and I would be keeping track of each time you punch in and out. A record of your time clock punches will show how many hours you were on the clock, if those hours don't match up with the number of hours you were paid for then they are in deep doodoo!

classicdame, MSN, EdD · Dec 19, 2014

no, it is not legal, even if "we have always done it that way".

toomuchbaloney · Dec 19, 2014

we do punch in and out, and those hours are recorded. However, on the sheet we are made to sign to receive our check, it states the hours we were there, and then it states a "paid hours" section for the hours we were scheduled for (minus the 30 minute break that we all work through but are not paid for). So if I worked from 7-6:30, but scheduled from 7-3, I am only paid for 7.5 hours. Also, we are not allowed to keep these sheets but must sign it in order to have access to our checks...

Pull out your smart phone and take a photo of this document that they are requiring you to sign.

If it is not reflecting the actual worked hours you should amend it before you sign it.

Your employer is not going to like your attention to this important legal detail about their pay practices so you should start looking for other employment immediately. My guess is that you live in a "right to work" ("right to be fired for no good reason") state so you have no expectation that your job is secure.

As others have said, this is as illegal as shooting moose in Denali National Park but is way more common and more people get away with it.