Not paid overtime

RNKPCE · Dec 31, 2010

Where I work if you are on 12 hour shifts you don't get OT until after 12 hours. If you are an 8 hr shift person and work 12 hours one day you do get OT for those 4 extra hours because this is not your shift. We use to have people that did combos of 8 and 12 hour shifts and if they worked 12 hours on an 8 hour day those 4 hours were overtime. Some of this may be union contract and some maybe law.

caliotter3 · Dec 31, 2010

It does not hurt to inquire with the CA Labor Board, but you will probably find out, if you file a claim, that your company in the distant past, came up with the alternate work week scheme to cover themselves. Most companies who don't pay overtime, are smart enough to claim this. Very few leave themselves open to successful claims with the Labor Board or lawsuits.

jennafezz · Jan 1, 2011

they're following the law just fine. the law changes based on industry. nurses can work 12 hours without overtime.

jennafezz · Jan 1, 2011

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

but a "work week" can count for any seven day period, not necessarily sunday through saturday.

caliotter3 · Jan 1, 2011

And then there are employers in CA who can and do choose to pay overtime instead of hiding behind an alternate workweek "agreement" from the distant past.

jennafezz · Jan 1, 2011

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.

most california hospital nurses are 12 hour employees, so they get paid double time after 12 hours. they do not get paid OT for over 8 hours, unless they are specified as 8 hour employees.

Batman25 · Jan 1, 2011

RNs typically aren't paid O/T for working 12 hour shifts. Our O/T starts after 36 hours. If you aren't a salaried employee your O/T starts at 40 hours. The work week should be outlined at your job. For most it is Sun-Sat. Check your state laws and the contract you signed.

GM2RN · Jan 1, 2011

but a "work week" can count for any seven day period, not necessarily sunday through saturday.

That's true, but an employer must still pay OT for hours over 40 in one week, regardless of when the seven day period starts.

Overview

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. http://www.dol.gov/whd/overtime_pay.htm

Otessa, BSN, RN · Jan 1, 2011

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?

Your 10 hour shift situation is a lot like people who work 12 hour shift - You get paid overtime over 10 or 12 hour shifts not over 8 hours-your regular shift is 10 hours not 8.

My employer had me sign an agreement when I was hired- I get paid overtime only if I work over 40 hours in a week-I'm scheduled 8 hours each day.

Meriwhen, ASN, BSN, MSN, RN · Jan 1, 2011

Where I work, OT begins only after we rack up 40 hours in the work week. I think that's because even though we are based around 8 hour shifts, a lot of employees choose to work 12s or even 16s instead.

raebabelvn, LVN · Jan 2, 2011

And then there are employers in CA who can and do choose to pay overtime instead of hiding behind an alternate workweek "agreement" from the distant past.

Thanks Caliotter... I had no idea CA had this agreement. Its possible that my agency has this. I'd have to check though.

raebabelvn, LVN · Jan 2, 2011

Your 10 hour shift situation is a lot like people who work 12 hour shift - You get paid overtime over 10 or 12 hour shifts not over 8 hours-your regular shift is 10 hours not 8.
My employer had me sign an agreement when I was hired- I get paid overtime only if I work over 40 hours in a week-I'm scheduled 8 hours each day.

No, I don't get paid OT period. Only for over 40 hours. I could work 20 hour days and still only be paid my regular rate. Even though in my handbook it does state that anything over 8 hours is time and a half, and over 12 is double time. They just choose not to follow this. When I first started working for them, they told me that the only OT they'd pay me was if I worked over 40 hours a week. I also had to sign away my meal rights, technically with 10 hour shifts I get 2. I know that when I used to manage the food chain I was at, I had to sign some contract about meal periods and OT. However, in California, even if you sign an agreement like this, it doesn't matter. The company is still required to pay you for these things. I learned this because after I left the company I was sent letters about a few different class action law suits in these areas. The company had to pay big time.