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Nurses   (976 Views | 12 Replies)

nonnocere808 has 3 years experience and specializes in Neurology.

1,203 Profile Views; 24 Posts

Hello,

Quick question. I accepted an exempt nurse supervisor position but have not been provided with a job description and have been doing staff nurse work primarily. I have been working a lot of OT. The contract I signed states I am not eligible for OT. I am in NYC. Do staff nurses have to be paid OT legally? I thought I might have heard somewhere that, that was the case. Thanks.

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Atl-Murse has 1 years experience.

474 Posts; 7,270 Profile Views

You are management now no more OT. Ask HR at your job, they should give you most accurate answer.

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roser13 has 17 years experience as a ASN, RN and specializes in Med/Surg, Ortho, ASC.

6,504 Posts; 51,642 Profile Views

Exempt = no overtime.

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1,269 Posts; 8,228 Profile Views

It's very rare for a company to pay an exempt employee overtime. I worked for a company that did it one time but our overtime pay was a fraction of what an hourly rate would have been.

This is what they did. I was salaried at 45 hours a week. They figured out an hourly rate based on that. I was then paid one half of that hourly rate for any hours worked over 45.

I consistently worked over 60 hours a week at that job so it gave me a little extra money but not enough to make it worthwhile to work 60 hours every week.

Like I said, it's rare for a company to do that. Once you are considered an exempt employee in the eyes of the law you are exempt from OT. So if a company does that, it's a company benefit.

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178 Posts; 2,749 Profile Views

One of the hazards of working for salary, instead of hourly. If you are doing duties outside your job description maybe speak to whoever is above you or HR to see if your contract can be adjusted, but I would guess that is probably unlikely. I decided after my last salary position and getting paid for x hrs and working much more than that, that I would never work salary again. Good luck.

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klone has 14 years experience as a MSN, RN and specializes in Women's Health/OB Leadership.

6 Followers; 13,573 Posts; 119,279 Profile Views

Supervisor = not staff nurse

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azhiker96 has 10 years experience as a BSN, RN and specializes in PACU.

1 Article; 1,122 Posts; 42,430 Profile Views

Salaried employees are called Exempt because they are exempt from the fair labor standards law. When I was an engineer working in semiconductors a typical week was 50+ hours and I could be called on nights and weekends. I once received written discipline for being out of reach wilderness camping on a weekend and a piece of equipment failed. That is a big reason why I switched to nursing.

Some employers will give time off to exempt employees in exchange for extra time worked. On a big project, my wife has received calculated hours extra pay for working extra at her salaried RN position. However an extra hour here or there is just part of the job.

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amoLucia specializes in LTC.

2 Followers; 5,732 Posts; 47,698 Profile Views

Some employers will give time off to exempt employees in exchange for extra time worked. On a big project, my wife has received calculated hours extra pay for working extra at her salaried RN position. However an extra hour here or there is just part of the job.

That's the privilege of not having to punch in on a time clock anymore. (You're not doing a timecard anymore, are you?)

I always found it more a 'lip service' to compensatory time when I would want to take some of that 'unofficial' time. Never worked out well for me.

I'm more concerned for OP that she's doing staff nursing while still having supervisor duties that she doesn't have a job description for. Now she's into UNPAID overtime.

OP - I think you're being taken advantage of.

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KelRN215 has 10 years experience as a BSN, RN and specializes in Pedi.

1 Article; 7,344 Posts; 68,915 Profile Views

It sounds like your official title is that of a supervisor and the position is considered exempt, therefore you are not required to be paid overtime.

I worked for a hospital that considered all staff nurses to be salaried, exempt employees. If you were hired for a 0.9 FTE/36 hr a week position, for example, they could have you working 48 hrs one week and 24 the next and you would still only be paid your "salary" of 72 hrs biweekly. No overtime for the 8 extra hours you worked the one week. It was mostly the hospital that benefited from this arrangement as they didn't have to pay the nurses who had to stay late charting after a code or transferring a patient to the ICU or emergently to the OR at change of shift but the same nurse couldn't just decide to come in 2 hrs late the next day or leave 2 hrs early like a true salaried employee could.

I am in a salaried, exempt position now and, while I don't get paid if I stay late, I also don't have to punch a clock and if I stay late one day, I can come in late or leave early the next day. It's also not an issue if I have to come in late because of a doctor's appointment or leave a little early to get to the airport on a Friday.

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klone has 14 years experience as a MSN, RN and specializes in Women's Health/OB Leadership.

6 Followers; 13,573 Posts; 119,279 Profile Views

I worked for a hospital that considered all staff nurses to be salaried, exempt employees. If you were hired for a 0.9 FTE/36 hr a week position, for example, they could have you working 48 hrs one week and 24 the next and you would still only be paid your "salary" of 72 hrs biweekly. No overtime for the 8 extra hours you worked the one week. It was mostly the hospital that benefited from this arrangement as they didn't have to pay the nurses who had to stay late charting after a code

Our hospital's union allows for different pay rules, as you describe. One of the pay rules is 8-80, which means anything over 8 hours in a day or 80 hours in a 2-week pay period is considered OT. 12-80 is not an allowed pay code, for the reasons you describe above.

The 8-80 pay code was at the request of the nurses, not management. Many nurses wanted to be able to work a consecutive stretch of shift in a row, which can be challenging to do without going over 40 hours worked in a calendar week.

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nonnocere808 has 3 years experience and specializes in Neurology.

24 Posts; 1,203 Profile Views

Thanks for all your responses. It's strange because I have been given very strict hours, am exempt, am doing a notable amount of OT, and am essentially a staff nurse due to staffing issues. I will likely change positions as this in not what was explained to me at all during the interview or when I accepted the position. amoLucia, it certainly feels like I am being taken advantage of. It is a smaller company with no HR...

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KelRN215 has 10 years experience as a BSN, RN and specializes in Pedi.

1 Article; 7,344 Posts; 68,915 Profile Views

Thanks for all your responses. It's strange because I have been given very strict hours, am exempt, am doing a notable amount of OT, and am essentially a staff nurse due to staffing issues. I will likely change positions as this in not what was explained to me at all during the interview or when I accepted the position. amoLucia, it certainly feels like I am being taken advantage of. It is a smaller company with no HR...

That's exactly what they're doing. They gave you a supervisor title because it was an exempt position knowing full well that, as a supervisor, you'd have to continue doing staff nurse duties because of their staffing problems.

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