Published Aug 17, 2020
nurse0909
1 Post
I get hourly pay, but they have no longer approved overtime.
When we work late, they will make us come in later the next day to balance out the hours.
For example my regular hours are 9:30-6. If I work late an hour on Monday, then they will tell me to come in an hour late on Tuesday morning, so that they are avoiding paying me overtime.
Is this legal?
Rose_Queen, BSN, MSN, RN
6 Articles; 11,936 Posts
Yep. OT almost always only kicks in after 40 hours for the week unless you have a contract stating otherwise.
LovingLife123
1,592 Posts
Why do you think it would not be legal? Do you think there is a law about what time you have to report to work?
A company can adjust your hours however they like. There’s no laws concerning that.
JKL33
6,953 Posts
1 hour ago, nurse0909 said:I get hourly pay, but they have no longer approved overtime.When we work late, they will make us come in later the next day to balance out the hours.For example my regular hours are 9:30-6. If I work late an hour on Monday, then they will tell me to come in an hour late on Tuesday morning, so that they are avoiding paying me overtime.Is this legal?
Yes.
An example of illegal would be not paying you for hours worked.
Also, working late and overtime are two very different things. "Working late" is simply the informal matter of being at the workplace past the time that one is usually done with work.
Overtime is another matter, with associated laws.
https://www.dol.gov/agencies/whd/overtime
Lovethenurse2b25, ASN, BSN, CNA, LPN, RN
343 Posts
I see no harm in working late if they are willing to alter your start time. It's not illegal at all. You can receive OT at an supplemental place of employment like a per diem job.
NRSKarenRN, BSN, RN
10 Articles; 18,927 Posts
The Difference Between Exempt vs. Non-Exempt Employee
https://www.indeed.com/hire/c/info/exempt-vs-non-exempt-employee?aceid
https://www.thebalancesmb.com/salary-vs-hourly-employee-397909
Kooky Korky, BSN, RN
5,216 Posts
To be on the safe side, check with your state's Dept. of Labor, too.
And/or a couple of Employment Law attornes.
It can't hurt.
JadedCPN, BSN, RN
1,476 Posts
8 hours ago, Kooky Korky said:To be on the safe side, check with your state's Dept. of Labor, too.And/or a couple of Employment Law attornes.It can't hurt.
What does one need an attorney for in this situation?
speedynurse, ADN, BSN, RN, EMT-P
544 Posts
14 hours ago, nurse0909 said:I get hourly pay, but they have no longer approved overtime.When we work late, they will make us come in later the next day to balance out the hours.For example my regular hours are 9:30-6. If I work late an hour on Monday, then they will tell me to come in an hour late on Tuesday morning, so that they are avoiding paying me overtime.Is this legal?
Yes. Companies can adjust or turn down the request to pull overtime at a facility. Before covid, I pulled a ton of overtime and never had problems getting approved for it. Now with budget cuts, overtime is virtually nonexistent. We also have to adjust our hours at my current job. We may not like it but at least we have a job unlike many Americans.....