"TIME BACK" vs. Overtime $$ pay

  1. 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....
  2. Visit Paws4K9s profile page

    About Paws4K9s

    Joined: Jun '09; Posts: 6; Likes: 5

    17 Comments

  3. by   SandraCVRN
    Is management open to various shifts? We have 10's and 12's to cover the late cases.

    Plus, if we are "forced" to work late, ie no one to relieve you, we (most of us) put that time on a call sheet.

    Good luck
  4. by   maeyken
    We too have 10h shifts, but we are staffed 24/7. We have a choice of whether to bank the time, or take the money. We do a fair amount of OT, but it is counted as such. Doesn't make management happy, but it's that or cancel more cases (which they don't want us to do either...)
  5. by   linda2097
    Let's do the math. Let's say you get paid $30 an hour.

    Staying late for an hour equals 41 hours of work including 1 hour of time-and-a-half.
    (40 x $30)+(1 x $45) = $1,245.
    $1,245 divided by 41 hours = $30.37 an hour.

    Going home 1.5 hours early equals 39.5 hours of work. Your boss adjusting it to 40 hours (which is fraud by the way) equals (40 x $30) = $1,200.
    $1,200 divided by 39.5 hours = $30.38 an hour.

    So, economically, the choices are equal. But considering that giving you 8 hours pay for 6.5 hours of work is fraud, which is illegal, and that you are aware that the fraud is taking place, I would choose the old-fashioned time-and-a-half method.

    I would tell my boss that I am not comfortable taking part in fraud.
    Last edit by linda2097 on Jul 1, '09
  6. by   micco
    if you are being forced to take comp time for overtime worked, i think that is illegal. i would discuss this with your manager and state that you would like receive $$ from now on. may be this needs to be addressed with human resources. you are being denied fair compensation. it is different if you are offered a choice between comp time and $$.
  7. by   cmermaid
    I agree with the other posts. What your boss is doing is fraudulant, illegal, manupulative, and undeniably wrong. Take this issue to upper mgmt,human resources and administration.
  8. by   tadpolern
    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
  9. by   cmermaid
    Call Joint Commision.
    Call the media.
  10. by   linda2097
    Look in your local yellow pages and call an employment attorney. Ask for a free consultation.
  11. by   cmermaid
    How have you and your coworkers been feeling? Febrile? Sore throat? N&V? Diarrhea? Sounds like a blue flu to me!
  12. by   Heogog53
    Anyone contact the State Labor Board? I suspect that mandatory time off as comp time vs overtime isn't legal.
    Talk with a labor lawyer; make sure to get a copy of the HR policy on compensation.
    Make sure that you have anecdotal notes, documenting the practices in your department.
  13. by   BabyLady
    You have to defer to either your union rules or your state rules for when you are due overtime.

    In most states, the US Department of labor does not consider that you have worked overtime unless you have worked over 40 hours PER WEEK.

    It's not factored in by day. So if you work 2 hours over one day, and clock out two hours early later on in the week, then legally, you are not due overtime.

    If you are an hourly employee, and work over 40 hours per week, by law, you are required to be paid time-and-a-half.


    PS: Comp time is illegal...an employer cannot give you "time off" on another pay period or hours of PTO in lieu of paying you the overtime rate if you work over 40 hours per week.

    HOWEVER...if you took hours of sick leave, holiday pay, etc...during that same week and that put you over the 40 hours...overtime pay is not required...it's only due for hours actually, physically worked.
  14. by   BabyLady
    Quote from tadpolern
    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.

close