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Discussion

Mandatory Overtime?

I work at an ambulatory surgery center that is owned by a big hospital system. They have decided to move away from staff volunteering to stay late to assigning staff as "late person" on our staff schedule. 

My question is around the fact that we are being told what days we will be expected to stay late vs staff volunteering to stay late. This is happening in Pennsylvania and there is ACT 102, but I'm not sure if that applies in this situation. 

I'm even questioning if this would be considered mandatory overtime? 

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    • Featured Replies

    Are you staying beyond your agreed upon shift (e.g. you start at 8 and work an 8-hour shift, but they tell you that you have to stay until 7, so you end up working an extra 2 hours) or do you start later on those days? Do those late shifts put you into OT? Do you know about them in advance or are you told that day?

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    klone said:

    Are you staying beyond your agreed upon shift (e.g. you start at 8 and work an 8-hour shift, but they tell you that you have to stay until 7, so you end up working an extra 2 hours) or do you start later on those days? Do those late shifts put you into OT? Do you know about them in advance or are you told that day?

    It just depends on the schedule. We may, or may not need to stay late. We are starting at our regular time and if the schedule runs past our normal end of day time, those designated late are expected to stay. 
    Most of the staff is considered part time, so, technically, it's not OT. 

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    • Admin

    So you are aware it would be your turn to stay late ahead of time? Sounds more like unpaid on call, so Act 102 would not be applicable. I have previously worked in facilities in PA where the rotation of whose turn it was to stay late was referenced by the staff as the "loser list". It is not unheard of for things to run late in an ASC, necessitating someone to stay and provide patient care. Perhaps there have been instances where there haven't been volunteers, and this is the solution to ensure someone is available. Personally, I'd fight for a minimal fee of on call to be available and not schedule things at home on the days people are assigned to be the late person. My facility paid $2.50/hour for on call staff at the hospital.

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    When you work late, does it put you over 40 hours a week?  If so, then it's considered overtime.  
     

    If you are scheduled to work until 5 but are the late stay person, but don't stay and you freely go home, that's not call.  Now if you leave at 5 and can be called back in until 7, that's call.

    We have certain discharge areas that have late stay, and others that have call, it all depends on what their designated closing times are.  Your facility should have a policy on it.  

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