push back/cancel with no pay

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Our hospital has a policy where they can call you and tell you that you are "pushed back" until 12. Basically you are at their beck and call for 6 hours of your day, with no pay. They can call you at any given hour until until that 12 and you are expected to come in as soon as possible from that phone call. You can't go anywhere, do anything, because you are still responsible for coming in if they were to call WITH NO PAY. It is actually a policy written in the handbook so you can't dispute it. When asked why we are not getting paid, we are told we are not "on call" we are pushed back and still on the schedule. :mad:

My question is, where can I go to find out if this is ethical and within the law? I know it might varies within states, but couldnt find the right source.

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Surprise!!!That's why some hospitals have unions!!

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Specializes in Cardiovascular, ER.

are you in florida? i went through that for about 6 months at a hospital there. i was either pushed back or sent home at midnight 1-2/3 shifts per week. it really sucked, i don't think i ever got a full paycheck after i got off orientation. they were able to do that there - i guess it depends on which state you are in.

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Specializes in PACU, OR.
Surprise!!!That's why some hospitals have unions!!

Reading many of the posts here, I'm at a loss to know why ALL nurses aren't unionized. As I understand some of the comments, there are many companies that don't like unions, but the way they treat their nurses seems calculated to promote union membership.....

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

The subject ot unionize or not to unionize is a difficult one. While I agree on some levels, I disagree on others. I think it is in the future cards but it will be a difficult road. Hospitals are very powerful and have alot of money to hire union busting consulting firms and I think it needs to be nurses represented by nurses. That would be an INteresting thread....

That being said some facilities I know have been reported to the NLRB and the federal labor board for non-payment of "call pay". To be at the hospitals "beck and call" it has been decided that you need to be paid and "on call pay" for them to mandate you to be "on call". Again......inconsistancies. Some facilities try to avoid litigation, others don't really care and in the current job market hospitals pretty much do what they want and they have huge bank account to fight it. NUrses are afraid to fight it and make noise as they are depending on the job and benefits knowing jobs are scarce.......sad.

http://www.ehow.com/list_7220909_24_7-call-position-labor-laws.html

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Of course this practice is terribly unfair. As you say yourself, you are stuck at home, on call without pay. Of course, you probably have a cell phone, so you can go out if you give your job that number, right? Even so, it is still not right. You are still on call and should be paid.

If you fight it, be prepared to be fired. But be brave, be courageous. Good luck.

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The original poster mentioned it was in the handbook. I don't know if there is anything that can be done as they accepted the position under thoses terms and conditions. The terms "pushed back" vs "on call" is the hospitals war of words. I did have this issue with a perdeim position I had for 18 months. I would sign up for my "committment shifts"( 32 hrs/6 week schedule) I took a temp fultime position to pay the bills- it was mon-fri/8-430. The hospital would call me when they knew I worked the temp job and cancel me on the commitment shifts. They basically didn't want a per deim working another job. They wanted someone at their beck and call. They expected me to call out of the guarenteed temp hours for their" come in we need you" and send you home at 3p instead of the full 12 hrs. That's why I say DO NOT TAKE ANY PER DEIM POSITION. The temp position will end and the per diemposition will terminate you because you don't get up every morning, get in uniform, and pick your butt waiting for them to call, if they call!! No work, no pay, no bills paid- unemployment. I found it was better to be on unemployment- that I was guarenteed and it paid my bills-In my state the max unemployment is $600/wk dependent on you earnings and nurses do earn the max to qualify- I painted my dining room and had the summer off- no worries!! If workers know or suspect they are going to be laid off- they start stockpiling their money( live very frugally) in anticipation for the unemployment. If these CEO's and administrations want to play that game- so be it, bring it on. I also voice recorded the HR and Nurse manager of the perdeim position terminating me because I would not call out of the other position( guarenteed time vs perdeim/oncall/push back what ever they want to call it) and gave the recording to the State Labor board. The oncall/push back per deim/ saves the hospital money- in wages and bene's and gives them a saftey net "just in case" census rises to the level the state Dept of Health says it's unsafe, a reportable infraction. Then the hospital has to pay big, major bucks for each understaffing infraction it gets dinged for- I think I read some where it's $approx $60,000/occurance. Some states require facilities to publically post( within the walls of the facility) their shift by shift staffing ratios. EmployERs are going to see a rise in their unemployment premiums from $7,500 to $15,000. That was up for vote 2 weeks ago. Hopefully this will deter them from the firing, laying off, forced resignation mode they have been in for the past 4 years- It will be cheaper to keep the employee.

If any of these CEO's have been watching C-SPAN this weekend, the National Governors Covention is in progress. The key note speaker presentation was Michael Porter- a professor of business from the Harvard School of Business who was instructing the Govenors how to get the economy in their states stimulated and back on track. He stated the Govenors( this is oversimplifying) have to analyze their state's existing business, find their strengths- one of the areas was training in this catagory. The key to the states economy is JOBS. He clearly stated that the way CEO's have been running their business( healthcare included as it is a LOCAL business in any given state) is grossly out of date and not in sync with the way the global economy is going. These OLD ways of running business are not working- DAH!! Can't get your economy going if half of your state is unemployed equals- no productivity. And if anyone remembers Pres. Obama's state of the union address- the US is not being competitive. We are failing miserable due to these old business practices. These CEO's of healthcare have past their prime and Professor Porter stated- they are going to have to change. The Healthcare costs are out of control.

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Professor Porer also clearly stated that if these healthcare institutions continue the way they have been going, it will be a major disaster.

CEO's get paid there mega buck salaries off the top- before any of the hospital's operating expenses get paid, so if the operating costs can not be covered by the revenue from patient admissions/insurance reinbursement, the water, electric, pharm bills still have to be paid- so where do they look( God forbid, cut their own multi million dollar wage, not gonna happen) another nurse gets unemployed! According to Professor Poter- this can not be anymore. People have to stay employed for the economy to get back on it's feet. Can't buy goods or services if your unemployed. Some one with a power greater than the CEO's needs to step up to the plate, these greedy SOB's on the shoulder and say - "Look buddy, this keeping your millions while others are unemployed from your industry stops now!!" MR CEO you ARE part of the economic downward spiral problem". They can either go quietly or meet Mr' Maddoff in the federal pen. Medicar fraud is a big part of it, but these CEO's are gouging more then the $225 Million from medicare fraud.

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Sweetface18- how many yrs experience do you have, that hosptial is saving money some where by calling nurses off- mostly through wages. They are pinching nickles until they scream.

I hope when all the CEO's go down- whoever does it, goes right for their jugulars, I hope it is an ugly, ugly battle and I hope the biggest paddy wagon the county has ever seen pulls up in front of the hospital !! I hope there is LOTs of News cameras there from start, through the trial, to finish. They have cost healthcare, patients, families and it's workers too much grief and suffering.

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Specializes in floor to ICU.

I'm in Texas. The beck and call thing frequently happens only we get a whopping $2/hr on call pay. I was put on call Monday. I was called in at 1pm to a huge mess! Our ICU got 7 admissions. I ran around like crazy and ended up staying until 8:30 to finish charting.

I hate getting put on call but I really hate getting called in. It is always a disaster.

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Surprise!!!That's why some hospitals have unions!!

In Calif, some unionized hospitals have a no cancellation policy and they cannot call you off, although you may have to float to other units. It's nice because you know that you will always get your 40 hrs/week.

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Specializes in Med-Surg.

WoW- the saying "everything is bigger in Texas" must be right! I am in Oklahoma, we get $1.50/hr on call pay :D

you are stuck at home, can't plan anything for the day for that giant compensation.

That sucks!!

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