Is it legal for hospitals to force Nurses to work without pay during crisis?

[jennyanydot]

Is it legal for a hospital to tell RNs after they have completed their shift that they cannot go home but must stay at the hospital but NOT get paid. Sounds like a hostage situation. How can this be legal.

[Farawyn]

Who is saying this? Admins?

[windsurfer8, BSN, RN]

You mean they have to remain and WORK? And not get paid? Or they need to just sleep there or something? I mean no one can make you do anything, but that doesn't mean they cannot fire you. A hospital can fire you for pretty much any reason. They are a private company, but they cannot physically restrain you. No different than telling someone who leaves a job they will be fired if they leave. They can physically leave, but they will be fired.

[ambitiousRN2be]

I have also heard about this happening because of the extreme weather conditions especially with major roads & highways being shut down . In areas where I live, if you get into an accident to or from work your employer has part fault for it so it may just be them covering themselves. Never heard of not being paid though, doesn't sound realistic to me

[melizerd, ASN, RN]

A couple years ago we had a large blizzard. Staff was required to stay, but they were paid even if they were sleeping since they weren't allowed to leave work.

[TakeTwoAspirin, MSN, RN, APRN]

Check to see what the Code Protocols are. If they call a local/state disaster due to weather, it is possible that there are provisions under the Code Policy that will outline what is expected of you as an employee as well as what you can expect with regard to accommodations and compensation.

[blondy2061h, MSN, RN]

I work in a state that does not have mandatory overtime unless a state of emergency is declared. I've been mandated for this reason before and stuck at work. I've been paid for all hours worked, at time and a half when over 40 hours. I believe it violates labor laws in every state to force an hourly employee to work for free.

[NicuGal, MSN, RN]

If they call a disaster situation, yes they can make you stay until adequate personnel are there. Check your policy procedure. We've done this, but we are paid if we are on the floor. They provided us food and a place to sleep in between shifts. We were given notice to bring stuff to spend the night.

You can leave, but most likely you will be fired or suspended at the least.

[RNsRWe, ASN, RN]

I've never known a place that issued an "order" of sorts that anyone who is not on duty must stay at the facility until Administration tells them they are allowed to leave. Doesn't mean, from what I'm reading here, that it doesn't happen, but I'm also guessing that if they mandate you to stay for any reason they are required to pay you?!

If you are scheduled to work your next shift while the storm is still expected to impact travel conditions, I can see why a disaster protocol would have you stay (after all, if you can't get BACK, they aren't going to want to risk your leaving!). But it also seems to me that if it's THEIR requirement that you stay, someone should be compensating you for that inconvenience.

Personally, I'm happy to have had a bed last night so I could go to work today; if I hadn't stayed I might not have arrived, so.....perspective is everything :)

[blondy2061h, MSN, RN]

RNsRWe- you must not work in any kind of major storm belt. Every hospital in this area has mandated OT policies for states of emergencies. Our last major storm we were even mandated to come back for the next shift even if we weren't scheduled if somehow we could leave.

[Esme12, ASN, BSN, RN]

As per the Terms of Service we cannot offer legal advice. By federal labor laws you must be paid for hours worked at patient care. Usually, Policy at the facility dictates if you are paid while being mandated to stay in the building.

Yes they can make you stay.

If you have questions......

Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA) - Wage and Hour Division (WHD) - U.S. Department of Labor

[RNsRWe, ASN, RN]

blondy2061h said:

RNsRWe- you must not work in any kind of major storm belt. Every hospital in this area has mandated OT policies for states of emergencies. Our last major storm we were even mandated to come back for the next shift even if we weren't scheduled if somehow we could leave.

Actually, I do. And have worked both private and government, none of the above making such a declaration. I suppose that it could be buried in the fine print, but I know I have worked storms in the private sector where we were absolutely ALLOWED to stay through, but not required. Same with government job now. I've never known mandations for hospital RNs....is it a NYS thing? Is it I just haven't worked for these kinds of places (that demand no one leave)? I don't know. Could be, of course. Can only comment on my own experiences during some pretty wild storms.

Seems to be just good judgement to NOT go out if you can help it, though! Like I said, I stayed at work just so I didn't have to worry if I could get back in.