Is required unpaid training legal?

NedRN · Dec 18, 2014

Most of what you describe is unfair, and completely legal. What you are doing is pre-employment testing and screening prior to obtaining an assignment with a hospital. It is demonstrating eligibility for a job, not training for a job. That includes items that may seem like training like OSHA and HIPAA. Knowing them is a pre-employment requirement, just as is your nursing license and education.

Most agencies now are JC certified and QA paperwork has increased tremendously as a result. I was opposed to JC agency certification (it is only about marketing) as unnecessary and the QA is mostly duplicative. Hospitals already did their own QA and mostly still does (despite the marketing about JC certified agency supplying to JC certified facilities). Ideally, background checks and annual QA is best done by the boards of nursing that license nurses. That is not going to happen, so travelers are caught up in this stuff potentially four times a year. That is one big downside of switching agencies every assignment.

Most of this QA stuff, whether done by the agency or hospital is just to put in a file to show due diligence done in case of an audit by CMS or whoever. So you don't have to do a good job, take all the shortcuts you can. In the hospital orientation setting, often they are a group activity that you collaborate on getting through.

Now when a hospital requires this stuff, the legal issue is considerably murkier. Traditionally, these QA tests such as medication tests have been done in orientation and travelers were paid their hourly. Some hospitals are now doing computer QA that is required and and unpaid hours that must be done prior to arriving at the assignment. Or the hospitals are giving travelers homework to finish on their own time the first week (which can sometimes be done during working hours for those who are capable of fast work (like in high school). I don't know how this issue would play out in a class action, but it could go either way. It could be that just like what the agency does, hospital QA is similar and demonstrates eligibility for the job. Some of it certainly could be considered specific job training, like going over hospital policies and procedures.

Nursing is a physical job and every job requires physical clearance. As we are in healthcare, our vaccination history and titers are also fair game. I'm not sure about pregnancy questions though, that was probably incidental on a thorough physical form. Was this an agency form? Or an agency specified occupational health physician? Normally travelers get an annual physical release for employment which could be a single sentence from your physician "Sally is in good physical health and is cleared for all duties a nurse may perform". Occasionally some hospital has some specific language that is required (usually in relation to TB status) but generally an agency will accept any physical you have. Pregnancy is not relevant.

The treatment you are describing from your agency is typical of most agencies and not sandbagging. Most agencies don't talk about QA stuff as it is trivial in their minds (and our minds). It doesn't "feel" like a job requirement any more than filling out other employment forms such as your W-4, I-9, direct deposit, and benefits. Agencies do tend to ask for "just one more thing" either purposely because the full news is rather daunting, or more often because of poor organization. Recruiters may say one thing, and the QA person behind them will tell you what is missing.

WookieeRN, BSN, MSN, RN · Dec 18, 2014

What is seems like you are doing is assessments, not training, for your job. It isn't illegal to not pay you for doing them. It seems like they may be using them in order to place you, and probably send them to any job as a candidate profile for the hospitals they work with.

Traumanurse15 · Dec 18, 2014

Thanks for the comments... I have done a lot of the "QA" training as you have described. Taking "telemetry tests", "ICU tests", and on and on.. I have also had to do online orientation training for the hospital I am on contract with.. Their specific blood administration protocols, their crash carts, and on and on.. This is all hospital specific and has taken ALOT of time to complete. I do not see how I could be required to do all of this without any compensation.

NedRN · Dec 18, 2014

I don't see how actual hospital orientation can be exempt from compensation. If you want to be a test case for class action, take careful note of what you had to do (making copies if possible) and time spent.

PacoUSA, BSN, RN · Dec 18, 2014

In my mind, travel assignments pay me much more than a staff job, so any extra assessments they need done in preparation for a job to me are par for the course in getting ready for the assignment.

NedRN · Dec 19, 2014

Assessments fine as long as they are not duplicated. But not so much for unpaid orientation.

pinktermite · Dec 21, 2014

I've had contracts where it hardly seemed I did anything at all. And ones that were endless and silly with requirements. Mostly these are the hospital's doing. Not the company. At least in my experience. I would get used to it. It's part of the game in this business. As far as Medical Solutions goes, maybe they aren't a good fit for you. But I personally have worked for them off and on for years and think they are honest and a very good company to work at.

Rod, Male Nurse · Jan 29, 2015

This is your fist assignment, learn from it. My first was the same way. It seemed like endless test and they were unpaid...I ended up looking up the hospital reviews for travelers and they were very poor so I bailed before the assignment started. Most assignments have been the same...tests and modules to do before you ever step foot on hospital property but most of the time they are paid. If you have to do 20+ hours of testing for an assignment the hospital should be willing to pay you for it. If they expect not to pay I would reconsider working there.

The moral of the story is always ask your questions before you sign a contract. Start making a list of questions to ask before each contract and keep adding to that list as you go. Make sure its in writing that you get compensated for this stuff. If they don't want to there are PLENTY of good hospitals that will.