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Discussion

why no overtime?

This is my first job as a LVN, so I'm not too familiar w/ the system. I'm also still fairly new at this facility (2 months). I work at a SNF as a part-time/on-call LVN. This was the first time they called me in to do a 12 hr shift, 7p-7a. I check my paycheck a couple weeks later and i see only 30 min of OT. From what i know, anything over 8 hrs is overtime. I spoke to my supervisor about it and he explained to me that our time-clock system is set up so that it looks like i didnt do overtime. There's a cut off at 12:01am. so technically, according to this system, i worked from 7p-12a, then 1230a to 730a...(one 5 hr shift and one 7 hr shift on separate days). I don't understand this because it's still the same damn shift and I hate that im not getting paid overtime because of some time-clock loophole.

I just wanted to know if this has happened to anyone else who works graveyard, and if this is reportable to the dept of labor (in CA); meaning, can I file a wage claim? Or is this totally legal and this is how it works at all facilities?

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    • Experts

    When I worked 12-hour night shifts as a factory worker in southern California, I always received overtime for any hours beyond the first 8 hours of the shift. In other words, those last 4 hours worked were paid at the overtime rate.

    However, you might have been working on the one day of the week when "time goes in." At my current workplace, time goes in on Saturday nights. Therefore, someone who works a night shift on Saturday night might get their time cut. I have even worked at facilities where time goes in on Tuesday or some other midweek day.

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    • Experts

    California pays hourly workers at the overtime rate if more than 8 hours are worked in that particular day. California pays daily overtime, while the remaining states pay overtime for any hours exceeding 40.

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    Hmm, it might depend on your employment contract if you have one.

    In my hospital if you are called in to work a DAY (8) hours and are required to work the next four hours then the four hours are at double time. However, if you agree to work an "A" which is 12 hours then all 12 are paid at straight time.

    You agreed to work a 12 hour shift and would only be paid for 12 under my contract.

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    • Author

    Hmm...ok. i'll certainly read these links over. thank so much for replies/input. :)

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    I am in NC....and here different facilities do it different ways...at mine anything over 40 hrs a WEEK is OT, which we arent allowed to get anymore b/c of the "economy"...at a neighboring facility anything over 8 hours is OT there. Maybe you should go talk to whoever is in charge of doing the actual payroll. Our time goes in on a Wednesday night, new pay period starts on a thursday.

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    • Experts

    My home health agency manager told us that this was the case concerning night shift and overtime because their work day begins at 0700. At first they were not paying accordingly, then they wanted to start paying according to 0700 being the start of a new day. Since it was written in the employee handbook, really within their rights. However, it does fly in the face of fairness to those who work night shift.

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