If you work more than 40 hrs. a week are you supposed to get OT?

begalli · Dec 11, 2004

this was googled:

http://www.state.tn.us/labor-wfd/lsques.html

"questions concerning overtime, minimum wage, or salaried employees:

tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. the united states department of labor's wage and hour division enforces the fair labor standards act regulating minimum wage, overtime and salaried employees. further information concerning these matters may be found at the wh division of the department of labor web site."

i tried to go to the "wh" link, but it is currently unavailable. maybe you can check it later?

RN4NICU, LPN, LVN · Dec 11, 2004

Most health care facilities operate on an 80-hour pay period of 2 weeks rather than sticking to the specifics of 40 hours/week - which is to say that as long as long as your hours for the pay period are 80 or under, technically you have not yet worked overtime. Therefore, your facility could pay overtime under its own policy, yet still not pay for more than 40 hours in a week. Hope that made sense.

ICUnowOHN · Dec 11, 2004

Usually depends on if you sighned a waiver at hire on, that you agree to work 12 hr shifts as your normal shift w/o OT, and then get OT after 80+ hrs in your pay period, most of which are set up that way.

I used to work 5 12's in a row, and take the next 4 off, and then do 5 12's again. It works out to no OT, so they had no problem with it.

ICUnowOHN · Dec 11, 2004

Usually depends on if you sighned a waiver at hire on, that you agree to work 12 hr shifts as your normal shift w/o OT, and then get OT after 80+ hrs in your pay period, most of which are set up that way.

I used to work 5 12's in a row, and take the next 4 off, and then do 5 12's again. It works out to no OT, so they had no problem with it.

lovingtheunloved, ASN, RN · Dec 11, 2004

It depends on your state. Arizona requires OT after 40 hours in a week. But I don't know about other states.

Tweety, BSN, RN · Dec 11, 2004

I work three 12's a week, anything over that is overtime! Doesn't seem right to me to work those hours and not get overtime. Spouse has a job that it doesn't matter what he works be it 30 or 80, he get's paid the same. Doesn't seem fair.

Good luck in finding your answers.

butterflynurse · Dec 11, 2004

That doesn't seem right. Where I work we get time and a half for any overtime.

acgemt · Dec 11, 2004

When I started my job, I had the exact same question. Are schedules are in 6 week time frames. You have to have 20 "12 hour shifts" in a 6 week period which would come out to 40 hours a week (average). Then if you wanted overtime, you could put an extra shift anywhere in the 6 week time frame- beginning, end, it didn't matter. It sux though because you could be working 48 hours a week and not get paid overtime for the extra 8 hours. Good luck to you.

BBFRN, BSN, PhD · Dec 11, 2004

Don't you do home health care? Is it through an agency? If so, you might have signed something waiving OT pay.

Jo Dirt · Dec 11, 2004

Don't you do home health care? Is it through an agency? If so, you might have signed something waiving OT pay.

It's private duty nursing through an agency based in Mississippi. I'm considered a "private contractor." A nurse I change shifts with says she used to work for a place similar and a year after she stopped working for them she got a $700 check in the mail with a letter from an attorney telling her that was her OT she was due and had not been paid.

So I was just wondering what was up with that.

BBFRN, BSN, PhD · Dec 11, 2004

It's private duty nursing through an agency based in Mississippi. I'm considered a "private contractor."

That's why you're not getting OT pay. Check your contract with the agency. If it says nothing about OT pay, then bring it up to your recruiter.