Not paid overtime

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Specializes in School LVN, Peds HH.

I'm leaving my current employer, and I have a question. A 'what would you do' question. I know all the labor laws well in my state. Before I worked in nursing, I was a manager for a food chain. Any day over 8 hours is overtime, and any week over 40 hours (as long as those hours of OT haven't already been paid) is overtime. Also, if you work all 7 days, day 7 is overtime. But that last one doesn't apply.

I work 10 hour shifts, and not once have I been paid overtime. I don't know how my employer gets away with it, but they only pay OT for weeks over 40 hours. Now the question is, do I go after them for the overtime owed to me? Or let it go? What would you do?

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recheck the law first....healthcare is/can be treated different than other industries. Found this to be true in Mass.

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As far as I know, only California nurses get OT for working greater than an 8 hour day. I've been paid overtime for more than 40 hours in a week, but never for more than 8 hours in a day.

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No, they don't have to pay you overtime for 10 hour shifts. Do you think all the nurses working 12's get overtime? Heck, I used to get mandated and would end up working 16 hours-- no overtime.

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Specializes in School LVN, Peds HH.
As far as I know, only California nurses get OT for working greater than an 8 hour day. I've been paid overtime for more than 40 hours in a week, but never for more than 8 hours in a day.

Good to know. Thats where I am :)

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It very much depends on your facility. As a RN, LPN, CNA who punches a clock, we are paid OT for anything over 8 hrs. There are other RN positions in my facility that OT is paid over 40 hrs. (Assessment nurse, infection control nurse, RNAC) At the hospitals in my area that use 10 or 12 hr shifts, they are not paid for OT after 8hrs.

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Specializes in Psych.

The facility I work at has two pay types ( plus salaried positions)

You can be an 8 hour/80 hour person ( when you are typically scheduled 8 hour shifts anything over 8 hours a day or 80 hours a pay will get you OT, so you can work 48 hours in one week and it is all straight time)

Or

a 12/40 which is what the people who work 10 or 12 hour shifts are.

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Specializes in Med/Surg, Ortho, ASC.

At my facility, working past your scheduled shift is "overshift," not overtime. It is not mandatory to be paid overshift.

Overtime only refers to >40 hours per week and that is mandatory.

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Specializes in Medical Surgical Orthopedic.

There are lots of exceptions listed on ca.gov

Search for "alternate work week" on the site for one that might apply.

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Specializes in Geriatrics, MR/DD, Clinic.

It will be different for each facility and what your job description states for overtime.

I have worked at facilities that overtime wasn't given out unless you went over 40 hours a week. I worked many 12+ hours a day just to have longer weekends (worth it to me).

My current facility starts overtime at anything over 8 hours a day, so I could work 9 hours straight with 1 hour overtime or split my shift and work 5 hours in the AM and 4 in the evening and get 1 hour overtime. Just depends on your facility.

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The facility I work at has two pay types ( plus salaried positions)

You can be an 8 hour/80 hour person ( when you are typically scheduled 8 hour shifts anything over 8 hours a day or 80 hours a pay will get you OT, so you can work 48 hours in one week and it is all straight time)

Or

a 12/40 which is what the people who work 10 or 12 hour shifts are.

Not paying OT for more than 40 hours per week is an illegal practice per federal law (unless you happen to work in Kansas or Minnesota).

http://www.dol.gov/whd/overtime_pay.htm

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Specializes in pulm/cardiology pcu, surgical onc.
I'm leaving my current employer, and I have a question. A 'what would you do' question. I know all the labor laws well in my state. Before I worked in nursing, I was a manager for a food chain. Any day over 8 hours is overtime, and any week over 40 hours (as long as those hours of OT haven't already been paid) is overtime. Also, if you work all 7 days, day 7 is overtime. But that last one doesn't apply.

I work 10 hour shifts, and not once have I been paid overtime. I don't know how my employer gets away with it, but they only pay OT for weeks over 40 hours. Now the question is, do I go after them for the overtime owed to me? Or let it go? What would you do?

It sounds like you were hired for 10 hr shifts? Look back at your offer letter, I'm sure there is something stating how overtime is paid that you agreed to. Usually any shift besides 8 hrs there will be a clause exempting the employee from OT.

I work 12 hr shifts and per my position description I get OT for anything over 12 hr/day, over 36 hr/wk and any extra shift regardless of how many hrs I've worked that week so far is time and a half + $25/hr. So if I pick up an extra shift on Sunday than work my regular days Mon-Wedneday I will get time and a half with incentive pay for the extra shift and also time and a half for the last shift that puts me over 36 hrs for the week.

ETA: your employee handbook may also have the answer you're looking for. There are so many variations and practices along with different state laws it would be impossible to find the correct answer on an Internet forum.

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