Mandatory overtime and on call

[InfoNurse1595]

Recently (May 2005), Maryland legislation signed a mandatory overtime bill. Under provisions of the new law, which will go into effect Oct. 1, nurses cannot be compelled to work more than their regularly scheduled hours, which is to be based on a predetermined work schedule.

My question is, what about on calls? Where I work (Johns Hopkins Hospital), nurses MUST sign up for on calls....on my floor particularly, we have to sign up for 2 on calls per 6 week schedule (and NO, we are NOT paid while on call! not one cent!)...of course we are paid overtime if we are actually called in, which for me so far, has been a 50% rate of actually being called.

For those of you who have mandatory overtime laws in your state, how do the on calls come into play. I mean, could there be some sort of technicality where they could consider a prescheduled "on call" day a part of a predetermined schedule, and therefore not affected by this mandatory overtime bill. Or...are on calls usually wiped out when this new bill comes into effect.

I am unsure of how I feel about this bill. I mean, of course I am happy that we may get rid of the mandatory on calls ( I hate them!), however, I don't want to be overworked if a nurse calls out and we don't have anyone to call in to replace them....or maybe we will have to buck up and return to agency nurses! ...Would appreciate any feedback.

[BGSRN]

My question is, what about on calls? Where I work (Johns Hopkins Hospital), nurses MUST sign up for on calls....on my floor particularly, we have to sign up for 2 on calls per 6 week schedule (and NO, we are NOT paid while on call! not one cent!)...of course we are paid overtime if we are actually called in, which for me so far, has been a 50% rate of actually being called.

No mandatory overtime - no mandatory call other than in the OR. HOWEVER - prior to the union we were made to stay mandatory and were also made to take call.

[InfoNurse1595]

Recently (May 2005), Maryland legislation signed a mandatory overtime bill. Under provisions of the new law, which will go into effect Oct. 1, nurses cannot be compelled to work more than their regularly scheduled hours, which is to be based on a predetermined work schedule.

My question is, what about on calls? Where I work (Johns Hopkins Hospital), nurses MUST sign up for on calls....on my floor particularly, we have to sign up for 2 on calls per 6 week schedule (and NO, we are NOT paid while on call! not one cent!)...of course we are paid overtime if we are actually called in, which for me so far, has been a 50% rate of actually being called.

For those of you who have mandatory overtime laws in your state, how do the on calls come into play. I mean, could there be some sort of technicality where they could consider a prescheduled "on call" day a part of a predetermined schedule, and therefore not affected by this mandatory overtime bill. Or...are on calls usually wiped out when this new bill comes into effect.

I am unsure of how I feel about this bill. I mean, of course I am happy that we may get rid of the mandatory on calls ( I hate them!), however, I don't want to be overworked if a nurse calls out and we don't have anyone to call in to replace them....or maybe we will have to buck up and return to agency nurses! ...Would appreciate any feedback.

Actually, I think I answered my own question....searched on the net, found out that you are not required to work overtime, however if there is a condition of employment that includes on call rotation, you must take on calls....or I guess just go work somewhere else. Man oh man....

[OC_An Khe]

You are not legally on call unless you get paid. If your employer wants you to be on call you must be paid to be on call. If you volunteer your availability for some future days you don't need to be paid, but you also are under no obligation to say yes when called.