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Hourly pay but overtime not approved...

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by nurse0909 nurse0909 (New) New Nurse

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

Specializes in OR, education. Has 16 years experience.

Yep. OT almost always only kicks in after 40 hours for the week unless you have a contract stating otherwise.

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.

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, RN

Specializes in CCRN, Geriatrics.

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.

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

Specializes in Pediatrics, Pediatric Float, PICU, NICU. Has 15 years experience.

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, RN, EMT-P

Specializes in ER, Pre-Op, PACU.

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.....