Mandatory Overtime Agreement in New York!

1199SEIU RN · Jun 22, 2008

All good ideas--go for it!

1199SEIU RN · Jun 22, 2008

Honestly I think this is an argument similar to the question "what came first, the chicken or the egg?" :lol
I think just like the mandation law, facilities will find a way to work around the ratio law. It will be great if we get both..but for now I'm happy with what many nurses have accomplished for us. Check with me next year and see if I feel the same way.
1199SEIU RN, as an LPN, what group can I join that might help in these areas.

Hi Kcochrane---what you can join up with depends somewhat on where you are located. In NY, 1199 represents many LPNs, and we have legislation proposed for staffing ratios in nursing homes that you could get behind and write about to your legislators, for instance. Plus, talk to co-workers about the mandatory OT legislation, sign petitions, etc.

There are many forms of action we as nurses can take; the main thing is that we do take some form of action rather than just complain among ourselves, no matter how legit our gripes are. If we do not start somewhere, take some action, work to improve our lot, then we are part of the problem rather than part of the solution. I like the way you are willing to be part of the solution. :up:

whoofers · Jun 23, 2008

Truthfully, I think you can shave off years by utilizing public/patient education & a political-type ad campaign. Some strategic press releases here and there won't hurt either-media loves a juicy story to hang onto. Hey, even the development & distribution of a ratio scorecard (by hospital and department) could be utilized. Once the public realizes what it means to their safety, or that of a loved one, to be a patient in an understaffed hospital, the outrage will push legislation far better than nurses with placards can do.
Don't get me wrong, I am all for the lobbying effort. However, it should be in adjunct to a public awareness campaign. And, bear in mind, patient education begins at the bedside-although, this type of education may not increase the hospital's Press Gainey score.

I would think that it is the Union's responsibility to effect this. Don't you agree? At least, the type of campaigns you suggest, is what they used to do in the past and what made Unions strong. Seems like they lost the ability to represent their constituents the same way their forefathers did.

Noticed the reply that you should go for it. Scary thought since you aren't the one collecting dues to pay for it. Doesn't say much for 1099SEIU's strength in representation or receptiveness to effect real change on behalf of it's due paying members, does it? [sorry if I am wrong, but it does looks like the 1099SEIU RN poster is in a Union leadership postion & trying to promote the Union here] You did come up with some good sounding ideas, it is a shame that they are being dismissed.

allnurses Guide · Jun 23, 2008

Californias 12 year campaign for safe staffing rstios:

http://www.calnurses.org/assets/pdf/ratios/ratios_12year_fight_0104.pdf

Ratio booklet:

http://www.calnurses.org/assets/pdf/ratios/ratios_booklet.pdf

NEW YORK NURSES CAN DO IT TOO!

Julia RN · Jun 23, 2008

Very glad to have been a part of this significant achievement in NY. Virtual high-fives to all the nurses that worked together to make this a reality!

As other posters have written, we will build off this momentum to achieve staffing ratios next session. An important part of that will be shifting the majority in our State Senate this November- which is totally achievable now.

Here's a link to our NY Staffing Bill mandating minimum nurse to patient ratios which are adjustable for acuity-

http://assembly.state.ny.us/leg/?bn=A06119&sh=t

and an exerpt:

MINIMUM STAFFING REQUIREMENTS. (A) THE DOCUMENTED STAFFING PLAN SHALL INCORPORATE, AT A MINIMUM, THE FOLLOWING DIRECT-CARE NURSE-TO-PATIENT RATIOS:

(I) ONE NURSE TO ONE PATIENT: OPERATING ROOM AND TRAUMA EMERGENCY UNITS AND ALL CRITICAL CARE AREAS INCLUDING EMERGENCY CRITICAL CARE AND ALL INTENSIVE CARE UNITS AND MATERNAL/CHILD CARE UNITS FOR THE SECOND OR THIRD STAGE OF LABOR;

(II) ONE NURSE TO TWO PATIENTS: MATERNAL/CHILD CARE UNITS FOR THE FIRST STAGE OF LABOR, AND POSTANESTHESIA UNITS;

(III) ONE NURSE TO THREE PATIENTS: ANTEPARTUM, EMERGENCY ROOM, PEDIATRICS, STEP-DOWN AND TELEMETRY UNITS AND UNITS FOR NEWBORNS AND INTERMEDIATE CARE NURSERY UNITS;

(IV) ONE NURSE TO THREE PATIENTS: POSTPARTUM MOTHER/BABY COUPLETS (MAXIMUM SIX PATIENTS PER NURSE);

(V) ONE NURSE TO FOUR PATIENTS: NON-CRITICAL ANTEPARTUM PATIENTS, AND MEDICAL/SURGICAL AND ACUTE CARE PSYCHIATRIC UNITS;

(VI) ONE NURSE TO FIVE PATIENTS: REHABILITATION UNITS; AND

(VII) ONE NURSE TO SIX PATIENTS: WELL-BABY NURSERY UNITS.

It will take all of us, all direct care nurses working together, like we did with MOT, but it can and will be done!!

louisianalvn · Jun 13, 2009

Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.

Some of the ways that health care facilities (especially skilled nursing ones) cheat workers

out of their overtime is:

1) Tell you to arrive early for report and THEN clock in.

2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour

3) Make you attend meetings off the clock

4) Tell you to clock out and finish your charting or other work

5) Tell you to clock out and do the narcotics count

6) Tell you to clock out and wait for your relief.

They always threaten you with the loss of your license if you don't stay.

A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.

Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,

and food service will join in to collect their back money

It looks like the suit is expanding nation wide to many skilled nursing facilities.

Read about it here:

www.lvnclaim.com

kcochrane · Jun 15, 2009

Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.
Some of the ways that health care facilities (especially skilled nursing ones) cheat workers
out of their overtime is:
1) Tell you to arrive early for report and THEN clock in.
2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour
3) Make you attend meetings off the clock
4) Tell you to clock out and finish your charting or other work
5) Tell you to clock out and do the narcotics count
6) Tell you to clock out and wait for your relief.
They always threaten you with the loss of your license if you don't stay.
A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.
Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,
and food service will join in to collect their back money
It looks like the suit is expanding nation wide to many skilled nursing facilities.
Read about it here:
www.lvnclaim.com

Our facility tried to do a version of the above. "You will only be paid for the time you are scheduled"..so if you clocked out after your scheduled time due to charting, finishing treatments or waiting to count narcs, you didn't get paid. That lasted for awhile until someone called the labor board. After they had to pay everyone back pay for the hours they actually worked - it wasn't mentioned again. :yeah: The only way they can control the hours we work in a shift is by preventing us from clocking in before out scheduled time. The time clocks will not work if you are earlier than 7 minutes. And guess what - I don't work until I'm clocked in. :nono:

kcochrane · Jun 15, 2009

Oh BTW, I was wondering how patient abandonment works into this? One of our night supervisors states that we will be cited for patient abandonment if we do not agree to be mandated - even after the law takes effect. The problem is that our residents will not be without staff - just short staffed if we refuse. Also, there are a lot of ADONs and other RN staff that could pitch in if needed. To me that isn't true patent abandonment.

Any thoughts?

Di Deanna · Jul 8, 2009

Interesting...although I am in Augusta, Maine at the moment.

NurseJeanne · Jul 14, 2009

Kcochrane, the way I read the law, they can't cry abandonment unless they can legally mandate you; i.e. emergencies, as outlined in the law. Many of us know, we're in for a fight with our employers over this. I'm already hearing we'll be suspended if we refuse to do OT when mandated. As with many other institutions, mandation has been the method for staffing.

We must report these mandations to the Dept of Labor! (link to download the form is on NYS Dept of Labor's site)

kcochrane · Jul 14, 2009

Kcochrane, the way I read the law, they can't cry abandonment unless they can legally mandate you; i.e. emergencies, as outlined in the law. Many of us know, we're in for a fight with our employers over this. I'm already hearing we'll be suspended if we refuse to do OT when mandated. As with many other institutions, mandation has been the method for staffing.
We must report these mandations to the Dept of Labor! (link to download the form is on NYS Dept of Labor's site)

Thanks. So far I think we will be ok at work with regard to mandation. They are not allowed to mandate unless they call the DON. By that time, that shift will be already out the door. My supervisor pretty well told me that there will be no mandation.

PMR1027 · Aug 18, 2009

In the LTC facility where I work on weekends, they are blatantly circumventing this law. They have a policy in effect that states that the nurse holding the narcotic keys has to stay for the next shift if they were short staffed on that unit (there are 2 nurses to all units on the evening shift, which is 3p to 11p). My shift is 7a to 7p every other Sat/Sun. On Saturday, they did not schedule a nurse from 7pm to 11pm at all- so I was mandadated to stay. On Sunday, they left a nurse that was terminated on the schedule, knowingly, and I was mandated to stay from 7pm to 11pm. I am filling out a department of labor complaint form. They are going around the nursing home like hotcakes. Several nurses are filling these forms out and handing them into the department of labor. They are making no effort at filling the staffing holes, either. We cannot be the only place this is happening at, either.