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Discussion

is this right?

I'm an LPN working in a physician's office that's affiliated with a regional hospital in rural Maine. It's a small hospital that hired me to work 16 to 20 hours a week in the OB/GYN practice. There were recently staffing cuts throughout the hospital and practices, and my hours were cut to 12 hours or less per week -- per diem. Along with the cut in hours, I lost my health insurance that I paid into through the hospital and did not receive any additional hourly pay for being per diem. When I questioned our Human Resources person about the pay rate for per diem I was told, "We don't do that."

Is this legal? I don't know where to start questioning this practice with any government or nursing organizations to find out if this is right or what I can do about it. I've already brought up the subject with my managing nurse and she encouraged me to look into it. As I told her I'm a little nervous about making waves because nursing jobs are few and far between in my area, but I also LOVE this job and don't want to lose it.

Does anyone have any recommendations?

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    • Featured Replies

    There is no legal right to additional pay for per diem status in lieu of benefits. It's not common in some areas for per diem staff to have incentive pay in lieu. If the system is cutting costs, it's likely even if they had a per diem incentive it was eliminated with the cuts.

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    I became a LPN in 1982 and there was talks about eliminating LPN's and were still here and now more technical schools are offering LPN programs. Unfortunately, if you find yourself in a position that is primarily RN based you will always be dispensable no matter how good you are or how much work you do. It seems like HR is saying take it or leave it. I would love to know what your going to do.

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    • Experts

    My place of employment pays per diem/PRN nurses a higher hourly rate than full-time staff nurses. However, there is no law in existence in the US mandating that employers pay per diem/PRN workers a higher hourly wage than those who have full-time status.

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    Per diem/PRN nurses are paid more than full time staff in PA too. I believe it is because the per diem staff do not qualify for benefits. This is nice if your mate can carry you on their insurance, I guess it depends on the enrollment period and the insurance plans.

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    • Author

    I really don't know if it's even worth pursuing this. It's a gamble because I believe if I start to raise a fuss, I'll just be taken off the call list. I always thought it was some kind of law that if you worked per diem you were at least supposed to get a higher pay rate because you're basically an independent contractor, but I guess in nursing there's no such thing?

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    There is no law in any industry of the US that mandated a higher rate for per diem staff that is not eligible/does not elect benefits. The only wage laws are regarding minimum wage and time & a half base rate for hours over 40 in a weekly pay period for non-exempt staff. Some states have maximum shift lengths for nurses in certain work environments.

    There is also no regulation requiring holiday or vacation pay as that is considered a company benefit/perk.

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    • Experts
    I really don't know if it's even worth pursuing this. It's a gamble because I believe if I start to raise a fuss, I'll just be taken off the call list. I always thought it was some kind of law that if you worked per diem you were at least supposed to get a higher pay rate because you're basically an independent contractor, but I guess in nursing there's no such thing?
    They are paying you for your hours correct? There is no labor law that states they must pay you a higher hourly wage for per-diem work. While it is a common practice there is no law.

    The only difference is are there other per-diem nurses getting the higher rate, in an office setting, and you are not. That would fall under the EEOC. Pay must be reasonably fair and equitable across the board.

    Cutting your hours can be done as a work reduction and in keeping with the ACA which requires facilities only offer insurance to workers that work 30 hours or more per week.

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