Overtime Question

Nursing Students CNA/MA

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Specializes in CNA, Acute care, LTC, Hospital.

I'm working as a CNA in home care.

I'm working for an established agency with a good reputation. I'm a regular employee for them (not a contract worker).

They contend they are exempt from paying overtime wages.

In Oregon overtime is paid if an employee works more than 40 hours in the work week (7 specific 24 hour periods... at this agency our work week is Monday - Sunday).

Anybody have experience being exempted from overtime? I've got an email in with the Oregon bureau of labor, but I'd like to hear if this is common....

Thanks...

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Specializes in Critical Care, Capacity/Bed Management.

I have never heard that before, In NJ all employees working more than 40 hours in a given work week will be compensated with OVT. which may be time and a half or double time. I would definately look into that.

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Specializes in CNA, Acute care, LTC, Hospital.

I think I've answered my own question....

Although I know this isn't a forum for legal discussions I did find the US Supreme Court decision that settled the issue.

Home care workers-- even CNAs.... even skilled nursing.... are exempt from overtime. Here's the link Long Island v Coke.

Anybody else run into this unpleasantness? I was really hoping for some time and a half... geez....:banghead:

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It doesn't matter. State law will supersede the federal law.

If the feds say Employer X has to pay 6 dollars and the state say 10 dollars then the state supersedes the federal law. State law can not lower the bar of federal law but it can raise it.

Check with your state's DOL.

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Please check with a wage and hour attorney Oregon to be sure. In California, unlike most states, nurses are not exempt (under the standard professional exemption) because there is a specific CA Industrial Wage Commission (IWC) order that expressly says so (unless you are midwife, anaestesia specialist or one other specialty). Even then, if you have a union contract (such as all California State hosptials - UCLA, USF, Harbor Medical, etc.) then the union contract will likely contain a provision overriding the general state OT laws, with different OT rules.

In other words, it can be complicated and a free consult with a wage and hour lawyer is wise. I am a wage and hour attorney in CA and also a woman, so I keep updated on this stuff here -- particularly for female dominated professions which seem to be more prone to OT exploitation. Med techs and assistants are very prone, too, as they are typically not exempt and do not know it.

Good luck!!!

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I would really follow others advise and check the laws in your state. I work PRN for a home health agency and we get ot for anything over 40 hours. NC has no exemptions to the ot laws

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I think I've answered my own question....

Although I know this isn't a forum for legal discussions I did find the US Supreme Court decision that settled the issue.

Home care workers-- even CNAs.... even skilled nursing.... are exempt from overtime. Here's the link Long Island v Coke.

Anybody else run into this unpleasantness? I was really hoping for some time and a half... geez....:banghead:

This rings a bell. I remember hearing about this nasty piece of business back in 2004.

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At my place of employment we have a 12/40 thing(for lack of the correct terminology) That just means that if we work over 12 hrs in a day or 40 hrs in a week it's overtime. Time and a half.

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Specializes in CNA, Acute care, LTC, Hospital.

I've taken your advise and I have queries in at local employment attorneys in Oregon..... I'll let you know what (if) they reply.

BTW the court decision was specifically for home-health agencies.... They were comparing CNAs as companions instead of skilled care.

We'll see how it shakes out via the legal eagles...

TTFN

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No, Fed law is supreme (like state min wage can't be below fed min wage). They may choose to give OT, but they are not required. RN's make $30+, so who needs OT.

CNA is rough work to do ot anyway (and I'm a fairly fit 250 lb man). I'd find an easier way to make additional money, like midnight Security guard where you can get a few hours of intermittent studying EVERY night, unless you are a Supervisor (bad deal even with OT options). You can be the very best Security Officer because your mind is active while everyone else is falling asleep - or nodding off like the Pepsi Max commercial (how do they do it? ha-ha).

You just need flashlight, flashlight backup (Ni-MH rechargable batteries for all), and a head band light. Iron your shirt every day and you are ready to rock!! Just get on at a place with a lot of posts and you will rise in Seniority in a couple of months, like CNA, hee-hee. :yeah::yeah:

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Specializes in Emergency.

check with the state laws under the employment rights act. If its a law to pay overtime its A LAW TO PAY OVERTIME.

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Specializes in CNA, Acute care, LTC, Hospital.
check with the state laws under the employment rights act. If its a law to pay overtime its A LAW TO PAY OVERTIME.

The information I've been getting is that OT is NOT required in home agency work. It's considered "companion" work... not regular work... Companion work hours are excluded from OT laws via US Supreme court ruling (LIHC vs Coke, 2007).... and some seasonal farm workers are excluded (different ruling)

Some states/agencies choose to pay OT... but for this job/position, they are not compelled.... at least in Oregon....

If I hear different... I'll post it...

Thanks..

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