Overtime not paid at time and a half? Is this common?

DeeAngel · Feb 8, 2009

The institution doesn't get to decide whether or what they are going to pay in the form of overtime, because it is mandated by state law.

File a report about this matter with your state's wage and hour division, or whoever it is that oversees worker's pay. What they are doing is illegal.

Valerie Salva, BSN, RN · Feb 8, 2009

could this have to do with the legislation bush enacted declaring rns to be "learned professionals" who therefore may not qualify for time and a half?

it may or may not be legal- here is some info with phone numbers to call to find out. i know i will never work more than 40 hrs without time and a half- and any nurse who will lay down and take this will be hurting nursing as a profession.

fact sheet #17n: nurses and the part 541 exemptions under the fair labor standards act (flsa)

the flsa requires that most employees in the united states be paid at least the federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek. however, section 13(a)(1) of the flsa provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. section 13(a)(1) and section 13(a)(17) also exempts certain computer employees. to qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.

nurses

to qualify for the learned professional employee exemption, all of the following tests must be met:

the employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

the employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

the advanced knowledge must be in a field of science or learning; and

the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

registered nurses who are paid on an hourly basis should receive overtime pay. however, registered nurses who are registered by the appropriate state examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.

licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.

where to obtain additional information

the department of labor provides this information to enhance public access to information on its programs. this publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. for more information regarding the fair labor standards act, visit the wage and hour division’s web site at www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 5 p.m. in your time zone, at 1-866-4us-wage (1-866-487-9243).

barefootlady, ADN, RN · Feb 8, 2009

I personally have not had this happen to me as yet, but 2 LPN's and 2 CNA's were discussing the fact that they were only paid 1.00/hr more for overtime worked during the last bad snow storm. I asked if they had 40 hours on the clock when this overtime happened and they said "yes, in fact, we worked a total of 16 hours overtime but only made 1.00 more on the hours for those 16 hours." I am not rocking the boat, since they seem to have accepted this as normal, but I will not work overtime unless I get paid time and half. I am not salaried, and have not signed a "pay waiver" or some such thing.

jkesler · Feb 8, 2009

There are other circumstances that can also apply. Are they paying OT on any work over 8 hours in a day? or insisting that they only pay OT when you go over 40 hours in a week? If they are insisting on paying OT only for hours worked in excess of 40 hours in a standard work week then they are following the law IIRC. The 8/80 rule allows them to pay OT only on hours in excess of 80 hours in 2 weeks BUT they must pay OT on any hours worked in excess of 8 hours in one work day. http://www.flsa.com/overtime.html

Ginger's Mom, MSN, RN · Feb 8, 2009

Many nurses are salary nurses which means that you don't have to punch in. With this deal if you leave earlier or come in late they don't dock you. It seems illegal not to pay OT if you are an hourly nurse.

badphish · Feb 8, 2009

Yes it is

My last job paid time plus 16%

Let's all be happy we have jobs to btch about in these sucky times

Valerie Salva, BSN, RN · Feb 8, 2009

Yes it is
My last job paid time plus 16%
Let's all be happy we have jobs to btch about in these sucky times

I'm glad to have a job, but that doesn't mean we should look the other way and just suck it up if employers are breaking the law in order to increase their shareholder's profits, and ensure their CEO's big, fat bonuses.

caliotter3 · Feb 8, 2009

My current employers do not pay overtime as I was informed when I signed on with them after moving from a different part of the state. All my former employers paid overtime according to the law. Since I do not agree to this practice, I've decided to avoid working overtime, so that I do not have to deal with the negative emotions that come with the thought that I am being cheated of wages.

PICNICRN, BSN, RN · Feb 8, 2009

As other posters have stated, check with your state labor laws. I guess all states are different. Doesn't seem like great insentive to come in to work on you day off!

Tweety, BSN, RN · Feb 8, 2009

I'm glad to have a job, but that doesn't mean we should look the other way and just suck it up if employers are breaking the law in order to increase their shareholder's profits, and ensure their CEO's big, fat bonuses.

I agree. Just because times are hard, doesn't mean I have to accept what is immoral and unacceptable, especially when the CEO makes over half-a-million a year. Don't nickle and dime me - time and a half for over 40 hours for non-salaried employees...end of discussion.

Tweety, BSN, RN · Feb 8, 2009

They will regret that policy when they are severely short and trying to get someone to come in extra.......for time plus $1.00 per hour. Plealse don't call me, I'm not at home.