Not being paid anything for overtime hours worked during orientation. Is this legal?

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I have recently started my first job as a nurse in an ER. My orientation is around 14 weeks, and I have been (and will be) working full time (40 hrs/ week, 80 hrs/pay period). I went to "accept" my first time card and I noticed that all of my time spent working in the hospital is rounded down to exactly 12 hours a day, every day, even on the days I have had to stay over 30 min-1 hour. For example... My first shift time card is 0659-1948 (pt had a seizure during shift rounds and I HAD to stay over), and it was rounded down on my time card to 0700-1900. I am being paid for exactly 80 hours, when in reality, I have worked about 83-84ish hours over the past two weeks. All other employees get time and 1/2 for anything over 80 hours/pay period. I will talk to my manager tomorrow at work, but I don't want to sound rude or "greedy" asking why I am not getting anything for working overtime. However, since I am an orientee, I can not voluntarily sign up for overtime shifts, but I still think it is strange that I am receiving nothing at all for extra hours worked??

On 7/14/2019 at 10:22 PM, Rionoir said:

I'm guessing they will say something about unauthorized overtime - you might want to arm yourself with the overtime policy before you go to the manager. Also if it were me I would call HR first and ask for an explanation of the policy.

Are you responsible for your own patients where you absolutely couldn't leave? I.e., was there another nurse responsible for that patient? That's the only reason I could think of they wouldn't consider it authorized, since you are still an orientee.

It may be unauthorized overtime, but according to labor laws..you still have to be paid.

On 7/14/2019 at 10:32 PM, Rionoir said:

That's not always true - it probably varies by state, and it definitely varies by circumstances. In the case of a nurse helping out in an emergency, I can't imagine it wouldn't be covered... but then there's that orientee thing. Curious to hear what they say though, keep us updated.

What states doesn't require payment of overtime? If you have more than 50 employees, you fall under US Department of Labor guidelines. The only way you can get out of paying employees overtime is by paying them salary...if they qualify. Being an orientee doesn't make you exempt..it's still worked hours.

Some states require overtime to be paid if you work over 8 hours IN A DAY...but NONE of them exempt hourly employees from being paid overtime if you work more than 40 hours in a week.

Specializes in ICU, trauma, neuro.

I might wait until I was off of orientation, just to decrease the possibility of "retaliation", especially if it was only a few hours here and there. While on orientation one is very vulnerable to "unfounded" opinions from not only your preceptor, but also staff and management. It would also be helpful if you worked for a union facility since it would be an "extra" layer of representation with regard to any disputes. In the final analysis you will have to throw this pay issue "into the basket" of things about the facility that you like and dislike and make a decision about how aggressive you are in holding them to the law.

Specializes in Dialysis.
11 minutes ago, myoglobin said:

I might wait until I was off of orientation, just to decrease the possibility of "retaliation", especially if it was only a few hours here and there. While on orientation one is very vulnerable to "unfounded" opinions from not only your preceptor, but also staff and management. It would also be helpful if you worked for a union facility since it would be an "extra" layer of representation with regard to any disputes. In the final analysis you will have to throw this pay issue "into the basket" of things about the facility that you like and dislike and make a decision about how aggressive you are in holding them to the law.

I agree about not wanting retaliation, but they legally have to pay. By not addressing it until later, Gbabynurse is saying that it's ok to not pay it, and is setting a precedent with themself to be treated that way. Many employers want to know about errors immediately so they can be fixed, and if unauthorized OT is an issue, that can be addressed as well

Specializes in ICU, trauma, neuro.
11 minutes ago, Hoosier_RN said:

I agree about not wanting retaliation, but they legally have to pay. By not addressing it until later, Gbabynurse is saying that it's ok to not pay it, and is setting a precedent with themself to be treated that way. And many employers want to know about errors immediately so they can be fixed. And if unauthorized OT is an issue, that can be addressed as well

I have struggled with this issue my entire career. We get in trouble if we don't clock out by about 0710. On the other hand we get in trouble if we miss anything in charting. I've gotten verbally warned for "working off the clock" to do my charting, and I've been told that leaving on time is no excuse for not doing labs ordered at the end of the shift, leaving end of shift meds not given, or failing to chart issues that arise at the end of the shift. We have a union, and there are still sometimes issues when we clock out late even when a patient codes nears the end of shift, we get a sick ICU admission at 0600 or our "stable" (or sick) ICU patients "go South" at the end of the shift. One time I was tripled and TWO of my patients coded near the end of the shift (after 0600) and we got two admissions (not mine, but I was expected to help to some extent), and I still got "talked to" for clocking out at 0730 (I actually charted until 0750, but clocked out at 0730). So I don't know what the answer is . I would actually prefer to be able to "clock out" and chart the way I want with less time pressure even if I'm not paid, but that doesn't seem to be a good option either (plus it really pisses off my SO who believes that I should never chart off the clock then again I only type about 50 words per minute while she types about 80, has a MENSA level IQ and the organizational skills of a cyborg). To me it is a real "catch 22" dammed if you do or don't. The ultimate problem is that the workload and expectations are simply too high for the time allocated. Some nights it is fine, but it is those nights when "everything is happening" or "going wrong" that it is a real problem.

Being a new employee I would bet money this was not a malicious incident but rather an administrative mistake.

Sometimes the manager (or whoever is in charge of time cards) will have to manually enter the hours for new employees until they go through 1 or 2 pay period cycles.

They likely entered the default without thinking about the overtime.

Hanlon's Razor

Never attribute to malice that which is adequately explained by stupidity.

Specializes in ICU, trauma, neuro.
1 minute ago, Asystole RN said:

Being a new employee I would bet money this was not a malicious incident but rather an administrative mistake.

Sometimes the manager (or whoever is in charge of time cards) will have to manually enter the hours for new employees until they go through 1 or 2 pay period cycles.

They likely entered the default without thinking about the overtime.

Hanlon's Razor

Never attribute to malice that which is adequately explained by stupidity.

Yes but also consider Myoglobin's maxim "You don't know the power of the Dark Side or of HCA".

Specializes in Critical Care; Cardiac; Professional Development.

The only thing not brought up that I can see might impact this is whether you are considered a contract employee until you are done with your orientation period. I have seen some hospitals do this; you are contract and then if you pass muster at the end of the orientation you get hired on full time. A contract employee is not subject to overtime laws.

I wonder if somewhere in the employment papers it states orientation is 40 hours per week.

0700-1930 for 3 shifts a week does not constitute 40 hours. I think the OP is mistaken on her hours.

Our time clock clocks you in and out when the dayshift and night shift differentials start. Since 0700 is when night shift differential ends, you get clocked in for then even if you clock in at 0650. You still get paid for the 0650 it just shows up in your totals for the day. The same happens with night shift differential. You are clocked out and in when it starts if you have to stay over.

Unless the OP is staying until 2030-2100 each shift, they are not hitting 40 hours and no OT is needing to be paid.

The OP needs to understand their time card and understand 3 shifts do not equal 40 hours. If by chance you actually worked overtime and they are not paying you or only paying you for 36 hours when you worked 38, that’s an issue that needs to brought up to your unit, then if they don’t fix it, the labor board because it’s illegal.

Specializes in Psych, Corrections, Med-Surg, Ambulatory.
On 7/14/2019 at 6:45 PM, GbabyNurse said:

I will talk to my manager tomorrow at work, but I don't want to sound rude or "greedy" asking why I am not getting anything for working overtime.

Aaaaaaaaaaarrrrrrrrrrg! It is not rude or greedy to make sure you are getting paid for all the hours that you work. It is this mentality that is responsible for women making less than men - the overarching need to be agreeable. Granted, being on orientation is a delicate spot to be in.

My take: I'm sure they have a "policy" that orientees are not to work overtime. It makes sense; why would they pay you overtime when you're not up and running on your own, yet? However, you did stay and contribute and the labour board has a policy that you need to be paid. You should always have your own policy that you need to get paid.

Do talk to your nurse manager about the situation. If they're not prepared to pay you overtime during your orientation, then all concerned need to be aware that you need to clock out on time and LEAVE, and someone else has to resume compressions or whatever.

They DO have to pay you for the hours you worked. And they need to make provision going forward, that you are not to stay over until you are off orientation.

39 minutes ago, LovingLife123 said:

0700-1930 for 3 shifts a week does not constitute 40 hours. I think the OP is mistaken on her hours.

Our time clock clocks you in and out when the dayshift and night shift differentials start. Since 0700 is when night shift differential ends, you get clocked in for then even if you clock in at 0650. You still get paid for the 0650 it just shows up in your totals for the day. The same happens with night shift differential. You are clocked out and in when it starts if you have to stay over.

Unless the OP is staying until 2030-2100 each shift, they are not hitting 40 hours and no OT is needing to be paid.

The OP needs to understand their time card and understand 3 shifts do not equal 40 hours. If by chance you actually worked overtime and they are not paying you or only paying you for 36 hours when you worked 38, that’s an issue that needs to brought up to your unit, then if they don’t fix it, the labor board because it’s illegal.

No, I am not mistaken on my hours. I stated that I work 40hrs/week, 80hrs/pay period. 3 12s with a 4 hr residency.

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