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Hi
I was just reading in todays Sunday paper that in 2 weeks new OT laws will take affect and could affect nurses. thanks GW. Well when I first read about this a while back when first proposed it mentioned LPN being exempt from the 40 hour law but this article says RN is affected. I did mention that this could really impact the health care industry if nurses not getting OT.
Well I am still a student but wondering just what is up with the new OT laws and how they will affect those of us in the profession.
Has anyone heard much on how these laws will affect nurses and exactly who is considered exempt from OT.
Nurses were classified as professionals under the old law too, you know...Hospitals did not HAVE to pay OT to nurses, particularly if they were salaried, (I know MY nurse manager didn't earn OT, as she was salaried) but they played h*** finding staff nurses who would work overtime without the time and a half (mandatory OT is not the norm everywhere). Point is - if nurses are hourly employees, there is no law AGAINST their getting overtime, just as they were before. If mandatory overtime is not already in place, they do not have to work it if they are not offered the additional pay. Trying to introduce mandatory overtime (without OT pay) would not be a wise decision if there is anything that even resembles a nursing shortage in the particular area.
If the nurses in question are salaried employees, they would not have gotten OT pay anyway. The new law really does not change much of anything for nurses.
They have revamped the definitions of "professional" and "salaried" workers. The language of the new definition of "salaried" allows employers to consider even hourly wage earners to be considered salaried, if they meet certain criteria- which is different criteria than before. RNs fit that criteria by being members of a "learned profession", and amendments to protect RNs have been actively blocked. LPNs have been added in as not being exempt from overtime pay, but RN protection (the Obey Amendment) has been actively blocked. There is something to that, guys.
Well, it's highly unlikely that the "shortage" will end anytime soon, at least according to the U.S. Health Department. Demand from aging baby boomers is expected to increase nursing vacancies by 800,000 positions in the next 16 years.Still, I don't like people messing with the overtime laws. It's a bad precedent, whether it affects all nurses or not. I don't know why anyone would think this is a good idea, just because it doesn't affect your job right now. It could affect other positions you obtain in the future, since employers can choose not to pay if they don't want to.
Exactly. What Lizz said.
What does this new law mean - does it mean nurses can be worked over time and not paid for it or what?
Essentially ... yes. At least according to the ANA.
http://www.anapoliticalpower.org
http://www.nursingworld.org/gova/state/2003/motime1203.pdf
Here's some background in different states' legislation regarding mandatory OT for nurses. (sorry- it's a PDF, so I couldn't copy more than the link).
I have been called many unkind things in my life: short, fat bald, stupid, lazy, a pig, a slob, a clown, an ***...all true, at least to some extent.
But a Republican???
That hurts.
(Glad to hear it probably won't change that much, although I am concerned about the impact on other "learned professions" like bartender, hair stylist, and diesel mechanics.)
http://www.nursingworld.org/gova/state/2003/motime1203.pdfHere's some background in different states' legislation regarding mandatory OT for nurses. (sorry- it's a PDF, so I couldn't copy more than the link).
Thanks Laura. Interesting info.
So very few states actually prohibit mandatory overtime ... Hmmmm.
The cited material only discusses the issue of mandatory OT, not how it's to be paid.
Nice to see that in Jersey mandatory hours can't exceed 40 (at least, at present).
Spidey's mom, ADN, BSN, RN
11,305 Posts
I'm pretty sure nursemike was joking.
steph