is this legal?

SuesquatchRN, BSN, RN · Sep 27, 2011

They're ripping you off. But if you prove it to them you'll be let go, so... how badly do you need a job? I'd keep this one and simply find another.

cheng1988 · Sep 27, 2011

this is only job i have right now, I guess I will keep this one for now while looking for others

Nascar nurse, ASN, RN · Sep 27, 2011

The shift differential is a benefit. No employer has any legal obligation to provide you with a shift differential. But, on the other hand, if they say they give it and they are giving it to others then you should be entitled to it as well. Have you asked? Maybe it is simply an innocent oversight by the payroll department. In my limited experience with payroll things, an employee was coded a certain way in order to receive shift diff - maybe someone just left off the code.

As far as staying over and not getting paid...that is illegal. You always have the option to contact your state labor department. There is always a risk of retaliation for this. I did contact them many years ago and they came and investigated. The person in charge did a wonderful job of keeping my identity private and my employer never knew where the complaint came from (even tho he often griped to me in whispered tones how ticked off he was that some had the balls to call :lol2: ). Many employees ended up with a sizable restitution of payment. I can't promise you tho that your case would remain as private.

itthybitthythpider · Sep 27, 2011

Working off the clock is an epidemic in LTC -.- I wish I knew what to do about it within the facility (and nursing in general) that doesn't call in the state and get me fired....

gladheart · Sep 30, 2011

At our facility we are specifically told (and given in writing) that we are scheduled to work 8 hours, and we are NOT allowed to work extra hours unless we have prior, specific permission from the DON, Administrator, or ADON. If we work over, they will give verbal warnings, and then progressive written warnings up to and including termination. If we cannot get our work done in 8 hours, we are to hand off what we cannot complete to the next shift.

itthybitthythpider · Oct 9, 2011

At our facility we are specifically told (and given in writing) that we are scheduled to work 8 hours, and we are NOT allowed to work extra hours unless we have prior, specific permission from the DON, Administrator, or ADON. If we work over, they will give verbal warnings, and then progressive written warnings up to and including termination. If we cannot get our work done in 8 hours, we are to hand off what we cannot complete to the next shift.

And the argument that ensues during change of shift takes longer than getting the actual work done and staying over! Plus the next shift never has time to get their work done, so then you have extra work that you pass on, then extra extra work is passed, and so on, and nothing gets done. Then we get in trouble for that!

Higher acuity patients + Staffing and budget cuts = Catch 22 Get your work done, or leave on time, either way you get in trouble!

caliotter3 · Oct 9, 2011

Not all employers offer a shift differential. But the overtime is a matter of law. You can file a claim with the labor board, but you have to decide whether you want to risk your job or comfort on the job. Some people just clock out and go home when they are supposed to. You have to make certain that your stuff is together enough to allow that course of action. Easy to say to do something, quite another to put the words into action.

Havin' A Party!, ASN, RN · Oct 9, 2011

Agree with Nascar and Caliotter.