Unsafe Staffing/Mandated Time

Nurses General Nursing

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So I am an LPN & I work at a SNF in MA. Recently company ownership went from 1 man, 1 company to corporate (multiple states, multiple sites).

VERY recently we were told "no more overtime". Not the first time Ive heard it, whatever. But not very long ago, I was mandated to stay until a nurse could come in and take the assignment I was on. Because there was no supervisor there to literally say, "Im mandating you", they're now telling me I wasn't staying, I chose to stay... despite the fact that I HAVE been mandated for this same reason before (again, not very long ago) & despite the fact that it was because of their staffing cuts that there was no supervisor on at the time (7AM).

I have pointed out to them that had I left that would have been patient abandonment, and they acquiesced to that fact, but are continuing to say it was my choice to stay. I took it to my DON, she denied me the time & a half mandated pay that we have been getting for years when mandated, I then took it to the administrator, who also denied me. I then took it to a senior executive who is now fighting me on it, and today avoided a scheduled meeting (Ill give him the benefit of the doubt, he texted his secretary and said his wife was in the ER).

This is the first incidence of them refusing to pay for mandated time. They are now telling me that there was another nurse on the floor... there was. We have a 32 bed unit on the unit I was on, each nurse has 16 patients. They are saying that because one of the scheduled nurses was there, she should have taken both carts and taken on all 2 patients. The unit is a rehab unit (post op, usually, hips/knees, some respiratory) and we have been seeing patients come in that have more & more acute conditions since they took over as well, increasing the workload on every nurse. I told the DON that having one nurse on the unit (with no supervisor, no other staff) was unacceptable and her response was, "Its how many other facilities run. Its perfectly acceptable."

Im COMPLETELY bewildered, angry, frustrated... and soon we will be taking over some administrative duties as well as taking the floor and I doubt very much our paychecks will reflect the increase in responsibilities.

I have filed what I think is their very first "workplace grievance".

What else can I do about such conditions? Rarely does a day go by without a nurse doing a double or getting mandated and the aides are constantly doing doubles. Ive stopped picking up shifts completely since now they refuse to offer time & a half for picking up. Now they're offering "gift cards".

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Specializes in Med/Surg.

What are the labor laws of your state? I guess you aren't in a union . I'd find out the laws from your states labor board.

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Specializes in SICU, trauma, neuro.

Did the mandated time put you >40 hrs for tge week?

If so, forget your facility's admin. Take it to the federal dept of labor. If you are non exempt, OT is not optional.

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I've seen this before too. Some places require all OT to be approved by the DON or supervisor...even if it is mandatory and a no brainer (no relief). It is different in LTC since there are little staffing regs. The one nurse to 32 is probably legal. Sounds like they were willing to run with one nurse to the 32 and have you go home. Safe? No.

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Specializes in MICU, ED, Med/Surg, SNF, LTC, DNS.

No, no, no. BAD employer! I assume you are paid hourly (since it sounds like you are not in management), which means they are required to pay for all time worked. Regrettably, they can write you up for working unapproved time, but that doesn't take away the obligation to pay you. The other part gets touchy, and depends on what the facility is following. They have basically two options for paying overtime, 40hrs per week, and the 8/80 rule. Most follow the first one. The second one is usually seen in hospitals with 12 hr shifts. But if the time you work is classified as overtime, they have to pay. If not, wage and hour would love to talk to them about it.

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Next ya'll will be on salary. Labor laws are such that if you are working more than 40 hours a week, or 80 hours in 2 weeks, they have to pay you overtime unless you are a salaried employee. Not legal advice, just my understanding.

I would clarify next time "are you mandating me to stay?" Otherwise, it is not up to you to staff--if you are to go home and you can report off to another nurse, then do so. You are not there to staff plan, your manager is.

What is the MA licensing board's thoughts on nurse/patient ratios?

You could drop a dime to the Mass Nurse's Association union....seems like there needs to be some sense made.

I am not sure the legality of paying a "gift card" in lieu of wages. An incentive beyond your overtime perhaps.

Here's a link about mandatory overtime and Massachusetts:

Mandatory OT for RNs banned! Click here for complete info & violation reporting form - News & Events - Massachusetts Nurses Association

It is a union link, but speaks to reporting to DPH.....

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In the future, you will have to call your supervisor /DON whoever is responsible to find out if you have to stay or not. They will not pay you for time not previously approved by administration. Regardless if you view the conditions as unsafe. This is how it is nowadays. Hospitals made the same change. Many years ago, people would stay overtime to finish charting or finish up a task. Now you have to be gone by the time your shift officially ends / clock out. Workers who do not comply usually get the pep talk and after that write ups, they may even let you go to avoid any commotion.

You write it is a big chain - they have fought that battle already and most likely you will not get anything out of it besides having a target on your back - that is my personal opinion.

It might be time to look around for other jobs if you are not satisfied with the work conditions.

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So, I am not a union employee, nor does my workplace have one. Ive never been gung-ho about unions, I guess I live in Imaginationland where my employer recognizes my value & work ethic & pays accordingly. The U word has been bandied about recently, however. I am hourly, I work a FT 32 hr week, which I did intentionally, leaving me some room to pick up if I so chose without completely screwing my week.

Just a couple weeks ago, same situation, they did mandate me, and I was paid T1/2. Not sure what's different now, except now they wwant to "save money" (come to find out, the Chairman/CEO of the company decided to expand to NY, and the company has made a $246 million investment in Manhattan. Gonna build "luxury senior living", and I found out the CEO is a real estate investor with no healthcare background.

Anyway, I spoke with my DON who said I was not obligated to stay because there was that second nurse there, and she was apparently expected to take both carts and all the patients. Insane. She would have refused the cart, and she would have been within her right to do so (I would have done the same). Leaving me with the option to abandon my patients, or stay... not much of an option.

I looked into our policies and have filed a workplace grievance, and it was apparently their first, as they had no idea how to go about it. They have, according to their own policy, until the end of the business day on Monday to give me a written response, so we'll see how it goes. I am currently looking for other work, but I have less than a year experience as an LPN, so its slim pickins, and the places that I KNOW I could get a job at are places I would never want to be, that are worse than the place I am at now. Those are the examples my current DON (my third one now) is using as examples when she says, "That's how other places run their facility."

Oi.

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So, I am not a union employee, nor does my workplace have one. Ive never been gung-ho about unions, I guess I live in Imaginationland where my employer recognizes my value & work ethic & pays accordingly. The U word has been bandied about recently, however. I am hourly, I work a FT 32 hr week, which I did intentionally, leaving me some room to pick up if I so chose without completely screwing my week.

Just a couple weeks ago, same situation, they did mandate me, and I was paid T1/2. Not sure what's different now, except now they wwant to "save money" (come to find out, the Chairman/CEO of the company decided to expand to NY, and the company has made a $246 million investment in Manhattan. Gonna build "luxury senior living", and I found out the CEO is a real estate investor with no healthcare background.

Anyway, I spoke with my DON who said I was not obligated to stay because there was that second nurse there, and she was apparently expected to take both carts and all the patients. Insane. She would have refused the cart, and she would have been within her right to do so (I would have done the same). Leaving me with the option to abandon my patients, or stay... not much of an option.

I looked into our policies and have filed a workplace grievance, and it was apparently their first, as they had no idea how to go about it. They have, according to their own policy, until the end of the business day on Monday to give me a written response, so we'll see how it goes. I am currently looking for other work, but I have less than a year experience as an LPN, so its slim pickins, and the places that I KNOW I could get a job at are places I would never want to be, that are worse than the place I am at now. Those are the examples my current DON (my third one now) is using as examples when she says, "That's how other places run their facility."

Oi.

Perhaps I remember it wrong but when I worked part time less than 40 h/week they would pay regular pay for hours worked until I had hit 40/week and after that it was 1.5 times.

But I was also told that you can't be mandated when you are a part time employee - perhaps that is wrong, I never really looked it up since I had no reason to do so.

Good luck.

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Specializes in MICU, ED, Med/Surg, SNF, LTC, DNS.

Ratm, I now have some questions. The week before, when you were paid T 1/2, that was a double, which left you under 40 hrs (I am assuming these are 8 Hr shifts)? Was the change in management between then and now?

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Wouldn't it be great Karma if Mr. Ceo had to get a knee replacement, was needing a urinal and an analgesic .. and had to wait a couple of hours, because there was one nurse to 32 patients ? :)

There is no dealing with that level of corporate greed.. get outta dodge.

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Perhaps I remember it wrong but when I worked part time less than 40 h/week they would pay regular pay for hours worked until I had hit 40/week and after that it was 1.5 times.

But I was also told that you can't be mandated when you are a part time employee - perhaps that is wrong, I never really looked it up since I had no reason to do so.

Good luck.

The change in management happened in October 2014 & it has gotten steadily worse since. Their policy HAD been to pay T1/2 for any mandated shift. It happened to me just a couple weeks ago. Now they're fighting it and they have not issued any new or updated policies that say otherwise. I was poring through the employee handbook I had signed when I was hired & they leave out any policy mention of mandated pay.

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