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Is This Legal?

I have been working for an agency in Virginia Beach for almost a year now, I won't say their name but it rhymes with Taxim. I have been working per diem at a few different hospitals but recently started sticking to just one hospital. I have had no problem working overtime with this hospital until recently when they changed their rules and can no longer offer Per Diem nurses overtime. I figured "no big deal I will just get my overtime in at another hospital". Well my agency just told me they can pay me overtime if I split my hours between two hospitals because they can't bill either hospital for my overtime. I understand where they are coming from but I am still their employee on their payroll and I believe it is illegal to not compensate me for overtime regardless of where I do my hours. I know my agency makes a pretty penny on me for every hour I work and they can easily afford to make up my overtime pay. Is what they are doing legal? I don't know how to approach them about this. Is my state different in their overtime law because it is a commonwealth? Please any advise would be very helpful!

You would have to ask an employment expert. Personally the only way I could see them getting around it is if you are considered an independent contractor. However, I am not an expert in employment laws. I would simply refuse to work overtime.

Consult with a representative from your local Labor Board. Many employers play fast and furious with overtime laws by employing common work-arounds. This sounds like one of them. Your employer is "The Name That Shall Not Be Mentioned", not the two different hospitals, so if you work more than 40 hours in one work week for this agency, you should qualify for overtime per labor laws in your state. (Assuming the word you meant in sentence number 5 is "can't", not "can", to make sense in context.)

Sorry I meant they said they CANT pay me. I don't know if I can go back and edit my post!

A moderator can edit your post if you ask them, otherwise people can read your corrected second post.

Been there,done that, ASN, RN

Has 33 years experience.

Taxim knows EXACTLY what they are legally able to do.

Whereas Taxim sucks in general, any agency will not pay overtime, if it is not able to bill the facility for overtime.

Way past time to find a more reputable agency, hopefully this will do it for you.

NurseSpeedy, ADN, LPN, RN

Has 18 years experience.

I don't know about the laws in Virginia, but that didn't float for Taxim in my area (or any of the other agencies that tried to pull it). Some will try to get away with whatever they can pull, hoping the employee will be none the wiser and not question their explanation.

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