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

barefootlady, ADN, RN · Feb 8, 2009

I already do not answer the phone on my days off. I do not know why these employees are accepting this situation. There have been 5 to quit in the last

3 weeks already, no one is beating down the door for a job either. Tough economic

times or not, this place will always have a problem staffing until they change the way they treat employees.

achot chavi · Feb 9, 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.

see thread: "Descrimination and a full hot meal or soup and sandwich" (sic)

achot chavi · Feb 9, 2009

Thanks to cutbacks, I have seen facilities just add overtime hours to your vacation days allotment!!

LPN01112005 · Feb 9, 2009

My employer has stated they will not pay over-time, but all that meant was that we were not to work a minute over. I refuse to work off the clock, and I have been paid time and a half for the few minutes I've had to work over in order to get the job done.

In a perfect world, we could just give report and leave on time every single day, but this is health care and sometimes stuff happens that causes us to have to work over. Admin. knows it, and better, they know I know it. So as far as I'm concerned, I work diligently in an attempt to be off the clock on time, but if something causes me to have to stay a few minutes over, then I stay and finish my documentation, etc. THAT I am required to do to keep my license unencumbered.

CoffeeRTC, BSN, RN · Feb 9, 2009

OT is paid out after 4ohrs per week. So technically, I don't get it since I don't work more than 40 hrs a week. Might be why they only want to hire nurses to work 4 days a week, huh?

Freedom42 · Feb 9, 2009

Years ago, in another profession, my employer told me and my co-workers that we would only receive "compensatory time," not overtime wages, for any time work in excess of 40 hours a week. Of course, we would then have to receive permission to take any of that comp time in the form of days off. Of course, management never granted that permission.

I called the Department of Labor's wage and hour division and filed a complaint. My identity was never revealed to my employer. The DOL investigated, my employer's practices were found to be illegal, and each of 19 employees received $2,000 in back pay (the max allowed by law). The employer was forced to go to a time card system, comp time was abolished, and no one worked in excess of 40 hours without being paid for it.

My point to the OP is this: You don't have to take that. The DOL exists to investigate these situations, and they do protect the whistleblower's identity. Not sure if what your employer is doing is legal? Let the government investigate. Thank you, Valerie Salva, for posting the contact info.

achot chavi · Feb 10, 2009

Besides how much would it cost the facility to bring in an agency nurse if there is no in-house nurse to fill the position...

whodunit · Feb 10, 2009

I just had a similar situation happen.Our nurse mgnr requires us to e-mail her our on call nights as well as putting them in the unit book so she knows when you are working oncall +I filled out a non badged sheet and left that for her too. When I got my check, I was paid 8 hrs regular time and 4 overtime hrs even though 36hrs /week in considered full time .I'm checking into it cause my time off is precious to me and darn it I earned the overtime pay!

CoffeeRTC, BSN, RN · Feb 10, 2009

Besides how much would it cost the facility to bring in an agency nurse if there is no in-house nurse to fill the position...

Probably more than it would cost to pay the time and a half. I think most of our agencies bill around 50 per hour for an RN on a weekday shift. More for holidays and weekends.

Most of the nurse make around 25 or so per hr...I think the prn rate can be up to 30 per hour...this is the facilty staff RNS

louisianalvn · Jun 13, 2009

Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.

Some of the ways that health care facilities (especially skilled nursing ones) cheat workers

out of their overtime is:

1) Tell you to arrive early for report and THEN clock in.

2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour

3) Make you attend meetings off the clock

4) Tell you to clock out and finish your charting or other work

5) Tell you to clock out and do the narcotics count

6) Tell you to clock out and wait for your relief.

They always threaten you with the loss of your license if you don't stay.

A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.

Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,

and food service will join in to collect their back money

It looks like the suit is expanding nation wide to many skilled nursing facilities.

Read about it here:

www.lvnclaim.com

whodunit · Jun 14, 2009

Thanks for the great info ! Next question,,what about if it is accepted that your full time job is 36 hrs a week?I have been working in a hospital for the past 7 years that considers 3 shifts of 12 hrs each full time and up to now paid call back on any overtime worked after that{extra shift not just having to stay over }.Now they told us no more callback,and if you work an on call shift, you will be called off one of your regular shifts if at all possible.All Pres.Obama has accomplished for health care at this point is to scare the fat cat CEOS etc and hurt us nurses !

Freedom42 · Jun 14, 2009

Thanks for the great info ! Next question,,what about if it is accepted that your full time job is 36 hrs a week?I have been working in a hospital for the past 7 years that considers 3 shifts of 12 hrs each full time and up to now paid call back on any overtime worked after that{extra shift not just having to stay over }.Now they told us no more callback,and if you work an on call shift, you will be called off one of your regular shifts if at all possible.All Pres.Obama has accomplished for health care at this point is to scare the fat cat CEOS etc and hurt us nurses !

Unless there's a contract, your employer has the right to schedule you at will.

How has President Obama hurt nurses?