Overtime pay

[LegginMF]

Hi everybody, this is probably the wrong page to ask this, but I am having problems logging in and moving from page to page on the site.

My name is Jody and I just got My LVN license on July 12th. I started work with a home health agency and want to know if anybody else is getting paid like this. I am in california.

I am making $15 an hour, BUT..... only if I work 40 hours or less. If I work say 48 hrs that week then the agency drops my pay down to $13.87 an hour for all of my hours worked. The more hours I work the lower my hourly pay goes. So here is how the math goes

40 hour week. 15 x 40 = $600 gross (before taxes)

48 hour week hourly pay drops down to $13.87. 13.87 x 40 = $554.58

then the 8 hours O.T. 13.87 x 1.5 x 8 = $166.44 Total gross for the week $720.92

Now if you just do $15 x 48 hours it = $720.00

So basically what they are doing is adjusting my pay down based on the amount of overtime hours I worked for the week so that no matter how many hours I work I get a straight $15 an hour and no time and a half. They also gave me a lovely paper telling me all about AB60 (if you haven't heard of it just type in ab60 on an internet search). I went to the DOL page and it specifically say that LVN's are not generally included in the overtime exemption

I would appreciate any feedback or info from others who have heard about this or have experienced it. Thanks Jody

[nursenancy1]

leggins

i have been in nursing for 25 yrs and have never heard of or experienced such a thing.you are being ripped off.contact your nurses labor board in california. i would be finding myself another job.you are licensed and deserve to be paid for the time you work under your license.

[LegginMF]

Yup, thats how I feel and it just seems wrong. Especially since I am averaging 48 - 52 hours a week. By using the normal pay system I am being underpaid from $180 - $270 a week! Does anybody know how to get ahold of the nurses labor board for california or should I just contact the department of labor?

[Tweety, BSN, RN]

Sounds criminal to me.

I moved your post out of the "Introductions" forum where you can hopefully get some more feedback on the "General Nursing" forum. Good luck!

[JentheRN05, RN]

Sounds more like salary to me. No increase in pay for no matter how many hours you work. So if you do the math it will come out like that. I think I would talk to payroll and find out what the deal is. If they don't have a sufficient answer I would go to the labor board because if you are not on salary, then yes, it is wrong and criminal. Get out of it quick if that is the case, because your getting the raw end of the stick.

[purplemania, BSN, RN]

I have never heard of such a thing and feel you are being taken advantage of. Do not work overtime - they will have to pay someone else $15! Also, look for another job and get an understanding of pay before you accept the position. What a scam!

[Pompom]

The more you work, the more they take out in taxes. Perhaps your decreased rate is due to that. If not, then you are being ripped off, report to labor board in your state.

[GatorRN]

I have never heard of a pay plan like that before either. I too think you're being ripped of. I don't see how this can be legal. I would be going to work for someone else, fast. I would be interested in hearing what the labor board has to say about this practice. Let us know.

[LegginMF]

Update on O.T. pay. It seems that in California an L.V.N. in home health care setting is considered a companion. Therefore we do not get O.T. pay for any extra hours worked. I called the labor boards to find out if my way of getting paid was legal. It seems to me thta if we are companions then I shouldn't have to do meds, Tx, charting, calls to the Dr. etc.... I should just hang out and keep them company. I think I don't like home health that much. I would rather work in a SNF and get paid O.T. for my hours over 40. Jody