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Discussion

Question re: Overtime

Hey

I have just recently graduated and began a new position as an RN on an extremely busy busy medicine unit. My shifts run from 0730 to 1930 and 1930 to 0730. I have noticed my colleagues never ever leave on time, usually 15-30 minutes past their shifts. I think I am pretty good at time management as I have had RPN experience for the past 3 years and am used to the duties of a practicing nurse. However, I cannot seem to ever be finished on time and am left charting 30-40 minutes past my shift. I barely am able to catch a quick bite throughout the day on a 10 minute break. The nurses I spoke to seem to be accustomed to this and do not see anything wrong. Now, no lunch breaks, 15 minutes if i get lucky. Supper break, no such thing. I recently just had my first pay check and I have seen that the extra 30 minutes per shift I stay extra do not qualify for OT pay. We use a fingerprint sign in so the manager is quite aware of when we begin shift and when we finish shift (up to the minute). Is this fair!?

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    • Featured Replies

    IMV, if you are not getting a 30 minute lunch break you should be paid that time.

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    you are doing 3 twelve hour shifts, yes? That's 36 hours a week. Usually overtime pay doesn't start till you hit 40. You should be getting paid for your time, just not OT.

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    Check your labor laws and your contract specifics.

    Sometimes they must pay you OT for consecutive hours worked/24 even if that does not put you beyond the 4/wk threshhold.

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    • Experts

    Check with your local Labor Board and decide how far you want to pursue this with the employer. All employers find a way to retaliate with employees who take complaints outside of the organization, justified or not. When you talk to the employer, you should provide them with a written letter so that you are starting the paper trail. You do not know how far you will have to take this.

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    • Experts

    In the US....12 hours shifts is 36 hours per week our labor laws say the it must be over 40 hours to be entitled to OT

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    Federal law is OT mandated for over 40 hours in a pay period. Some states mandate OT for over 8 hours. No state mandates OT for staying late/over.

    If you cannot take an uninterrupted break of at least 30 minutes you must be paid for those hours, usually you must notify management/supervisor or payroll will automatically deduct the 30 minute break.

    If you are scheduled 36 hours and your state follows federal OT guidelines even staying 60 minutes post shift = 39 hours, which does not trigger mandated overtime pay.

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    Less than 40 hrs/week = no overtime required by law. 30 min x 3 shifts - 1.5 hrs extra, so 37.5 hrs/week. No overtime is due and it's both fair and legal.

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    you are doing 3 twelve hour shifts, yes? That's 36 hours a week. Usually overtime pay doesn't start till you hit 40. You should be getting paid for your time, just not OT.

    The OP is Canadian. We have different laws up here.

    If she is in a union facility, the contract will state what she is entitled to. Payment for missed breaks is claimed (at least in my health authority) by completing a form and submitting it. Missed meal break is at straight time, missed rest periods at double (again union contract specific). So if I'm entitled to two 15 minute breaks and one 30 minute break for lunch, I would be paid an extra .5 hours at straight time and .5 hours at double time.

    Staying after the end of the shift is also submitted on an OT claim form and the reason is recorded.

    OP needs to check the contract and facility policy. Just because you sign out doesn't put the onus on the employer to pay you. The employee needs to be aware of their rights and protect them.

    If non-union, the provincial labour laws outline her entitlements. Failing to give an employee required rest breaks can and will result in fines to the employer.

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