overtime laws in PA

[nursing123455]

Hello,

I work in a dialysis clinic and was hired for four ten hour shifts. For about a year I have been scheduled an extra day each scheduling period without being asked if this was okay with me. Also we have added another shift and our hours have become more like 12 hour shifts. I do not want an extra day and was wondering if I am able to refuse this and if it is considered mandatory overtime

[roser13, ASN, RN]

Why not ask management or the scheduler? If you've accepted this situation for a year, it is understandable that it isn't changing.

[Bell13, ASN]

I think you are confusing OT laws. its usually by day, not weekly. you should approach your manager because as long as you do not speak up they will continue scheduling you. I used to work in a dialysis clinic so I am aware of the shortage. the same thing happened in our unit but you always can say no. as far as OT goes the law here is anything over 16 hrs per day requires u take an 8 hr rest period. good luck, and stand up for yourself!

[Rose_Queen, BSN, MSN, RN]

This might be able to help you:

Prohibition of Excessive Overtime in Health Care Act

Labor Law Compliance

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=614498&mode=2

My question is, if you have routinely been scheduled for an extra shift, why didn't you speak up when it started? No one will be looking out for you except you- not the scheduler, not the manager. And if you are working that extra shift, are you being paid overtime for any hours worked beyond 40? The other option may be to contact an employment attorney.

[caliotter3]

Do not assume that your employer is abiding by the law in your state. That is why many employers get caught up in class action lawsuits for the nonpayment of overtime. Check with your state labor commissioner to find out what should or should not be going on. Then take it from there. If the situation is not acceptable to you, you must speak up or move on.

[LadyFree28, BSN, LPN, RN]

Do not assume that your employer is abiding by the law in your state. That is why many employers get caught up in class action lawsuits for the nonpayment of overtime. Check with your state labor commissioner to find out what should or should not be going on. Then take it from there. If the situation is not acceptable to you, you must speak up or move on.

This.

First go to your employer and question them and inform them that you don't want to work overtime; if they are giving you a hard time, a call to the labor commissioner will certainly do the trick.

[WookieeRN, BSN, MSN, RN]

I think you are confusing OT laws. its usually by day, not weekly. you should approach your manager because as long as you do not speak up they will continue scheduling you. I used to work in a dialysis clinic so I am aware of the shortage. the same thing happened in our unit but you always can say no. as far as OT goes the law here is anything over 16 hrs per day requires u take an 8 hr rest period. good luck, and stand up for yourself!

I am not 100% sure that PA has restrictions across the board for mandatory rest periods after a certain amount of hours, except for the required 30 minute break for workers under 17. Anyone over 18 is not required a break/meal period. PA also does not have a maximum amount of hours an employee can work in a day either, I believe.

OP are you salary or hourly? Salary complicates things a little...

The Department of Labor and Industry says: "Your employer may order you to work overtime. Your employer may discipline or terminate you if you refuse to work overtime. If you are not an exempt employee, your employer must pay you 1-1/2 times your regular rate of pay for hours worked over 40 per week. However, collective bargaining agreements may specifically govern this issue."

If you ask your employer if it is mandatory overtime they're probably going to tell you yes. They essentially tell you whether or not it is.