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

Nurses General Nursing

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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??

:EDIT:
Thank you all for your replies! I talked with my manager today and as it turns out, I was unaware of how the time log/shift times work. The "override" I was seeing are the automatic shift times put in by the time-log software (0700-1900) put in for every employee. I was also under the impression that the 30 minute breaks were paid, however, they are unpaid. The unpaid break times make up most of what I thought was incidental overtime. I am paid as a regular employee and do get paid for any overtime I accumulate (this pay period had 25 min overtime). Thanks again for the replies, and I am happy that I am being paid fairly as an employee XD

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Specializes in Rehabilitation Nurse, LTC Manager, Freelancer.
On 7/14/2019 at 9:45 PM, GbabyNurse said:

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??

 

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Specializes in Rehabilitation Nurse, LTC Manager, Freelancer.

I know our hospital is only allotted a certain amount of pay for orientation and it does not include overtime. I have told people I was orientating to punch out and go and as the preceptor I finish whatever needs to be finished or stay with the patient that needs a nurse. So I don’t believe this is unusual- you are not expected to stay for overtime.

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3 hours ago, stefano54 said:

So I don’t believe this is unusual- you are not expected to stay for overtime.

This is an old post and yes it is hopefully unusual--because it is illegal. It's not that the OP is not getting "overtime pay" (time and a half or whatever), it's that s/he isn't getting paid AT ALL for a portion of clocked/worked time.

If an orientee is told to clock out promptly at 1930 or whatever due to not wanting to pay for a trainee to get into actual overtime territory, that is fine and reasonable. If the orientee believes s/he HAD to stay, was told to stay or whatever reason they were on the clock, that time needs to be paid. If there is a problem with the orientee not clocking out as agreed during the orientation period, the manager needs to review expectations--not subtract time worked from the time card.

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Specializes in Psych, Addictions, SOL (Student of Life).
On 7/14/2019 at 7:26 PM, klone said:

 Changing your timecard and taking away time that you worked is illegal. 

This is the law in California. In fact an employer cannot alter your time without first notifying you. The only exception is if you are designated as salaried in which case you shouldn't have to punch a clock.

Hppy

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On 7/21/2019 at 10:51 AM, Dohardthings said:

Those 4 hours are education. I have never gotten overtime pay for education. It is charged as base pay only. So if I work a 36 hour week and put in an 8 hr education training, no overtime. Also overtime is anything over 80 hrs in a 2 week pay period. Time only for education.

If the education is required, then how is that not work?

If I work in a factory making widgets, 9-5, and they tell me they are getting a new machine I have to train on on Saturday, would it be legal for them to pay me straight pay for those 8 hours?

 

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