"TIME BACK" vs. Overtime $$ pay

Specialties Operating Room

Published

I work in an O.R. that has no 3-11 p.m. staff, nor an 11-7 a.m. staff, therefore our 16 hours of call begins at 3 P.M. after working an eight hour day. Frequently, there is more than one room running past 3 P.M., so additional staff is needed besides the call team to finish the scheduled cases. We are reimbursed in "time" rather than $$ for the O.T. For example, if we stay one hour late, then, sometime during that week we are told to leave 1.5 hours early. We do not punch out on the days that we leave early and our manager adjusts our time to reflect a 40 hour work week. So, our unit never shows any "OVERTIME WORKED"...... The "call team" gets paid "call pay..at time and 1/2...put that is reflected as "call $$ on the books, not overtime). Some of us would prefer the $$, rather than having time back, but, there are some people who like being able to leave early as well. Should we be given the OPTION? We are also concerned that by our department never reflecting any "overtime worked" that this may sabotage our efforts in attempting to get more staffing...or a 3-11 staff. Regularly scheduled cases continue to be booked past 3 P.M., in an attempt to increase business..which is understandable....and, with today's economy, the nurses are all willing to be flexible and do their part. We are just wondering if anyone else has ever run across this type of situation and what options we may have with regard to requesting to be paid the O.T. rather than being told to leave early during the week on another day.

Thoughts?

Thank You....

Specializes in NICU, Post-partum.
Huhhhh.....the adminstration is IN on it too...we have been suddenly placed on "salary", we are suddenly referred to as "professionals"... get paid for 40 max.....even if we work 50hrs....still have to clock in and out, mandated to take call, do not get paid for call time or if you have to return to work...NO pay...sounds illegal to me, but we, RNs dont have any controll over what is dictated to us by our poor state nursing agencies nor the wage and hour labor board. Now RNs can be exempt and paid a flat salary and NO overtime...and mandated to work over as necessary without pay or "THEY", the ones who dont know how to do a nursing job, but make the RULES to their favor, say it is "abandoment of patient". RNs need some type of legal leverage...we are used and abused all to often.....So the question is, "What to do?" Any suggestions?

trn

RN's do not fall under the salary requirement...again, this is regulated by the US Department of Labor.

Any comany would gladly pay all of their employees a salary..if they could legally get away with it.

The US Department of labor does NOT go by job title...they go by what you DO.

Years ago I worked for a company that I successfully sued and won a case against because they had me on salary...and for several months, refused to pay me overtime...I only found out after I left that they were illegally paying employees a salary instead of an hourly rate.

We were "docked" if we left early...but not paid overtime if we stayed over...the US Dept of Labor says with salary employees..you don't get it both ways.

I not only got my overtime pay...but the USDOL ordered review of the records for the last 3 years of employees (company was relatively new)...and they found over $150K in violations.

Which they had to pay.

Thanks to all who have replied. I do appreciate the valuable info of other RNs. So fare the Labor Board has told us there is nothing we can do...that we can be classified as salary and therefore are not elegible for OT pay...The attorneys we have talked to also state the same...We are still mandated to stay over without compensation and take call without compensation and come back for emergencies without compensation...go figure! The Board of Nursing also has been notified by one of the RNs...We are still getting tossed around...We are keeping documentations of OT, OC, and CB...On occasion no lunches also are at issue...there are no hospital policies really explaining how we are to be paid on salary since it just started about 3 weeks ago. We lost overtime on the last pay check and were told one day before we recieved the check that we were no longer getting anything but 40/wk pay...They say RNS do fall under the exempt status now... to their convience of course.

Specializes in NICU, Post-partum.
Thanks to all who have replied. I do appreciate the valuable info of other RNs. So fare the Labor Board has told us there is nothing we can do...that we can be classified as salary and therefore are not elegible for OT pay...The attorneys we have talked to also state the same...We are still mandated to stay over without compensation and take call without compensation and come back for emergencies without compensation...go figure! The Board of Nursing also has been notified by one of the RNs...We are still getting tossed around...We are keeping documentations of OT, OC, and CB...On occasion no lunches also are at issue...there are no hospital policies really explaining how we are to be paid on salary since it just started about 3 weeks ago. We lost overtime on the last pay check and were told one day before we recieved the check that we were no longer getting anything but 40/wk pay...They say RNS do fall under the exempt status now... to their convience of course.

I would call back and make sure you are speaking with someone at the Labor Board in Authority.

Here is a source that contradicts what they are telling you.

http://www.dol.gov/esa/whd/regs/compliance/whdfs31.htm

And here is a source showing that your lawyers are indeed correct. RN's can be classified as exempt. How wise that is, is another question. We won't do it here, we need experienced RN's in the OR, so we can't afford to play like that.

However, technically they can place you under the learned professional exemption and not pay you for overtime. I think the online states that limit OT worked under an exempt status are California and Maine.

And as long as they balance your time off in the same week and you work a max of 40 hrs during that week, you don't qualify for OT pay.

Just my 2 cents.

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17n_nurses.htm

I agree, it is not wise to classify RNs as exempt. Nurses need to unify nationally some how, strike nationally. There would be NO hospital functional. I have heard MDs talking of unionizing if the new health care reform comes about. The Nursing State Board is basically a joke, there is no protection for the RNs. Since historically, nursing has been a WOMANS field of employment, little or no provisions have been put in place to protect us. We need stronger representation. Many of us are single parents and need health insurance for our kids so are fearful of losing our jobs if we speak out too much. Management could really care less, they're getting FREE labor. It is disgusting.

Well, I really have noticed compared to my home country, that the labor laws aren't really very employee friendly. That is sad. A lot of people get ripped off working. Sometimes a union is what it takes to improve the situation for employees.

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