RN supervision questions

[nursenj]

I am concerned about the following:

Home Health Agency & Adult Day Care- nonskilled

total clients: about 600

in home care: 1 full time LPN- 2 part time LPN's 25 nurse's aides

ADC: 1 full time LPN 1 part time LPN

homemakers & Chore workers- 20

ONLY 1 RN supervisor overseeing and responsible for the whole operations of above. She also does the worker's comp stuff and state and federal contract compliance. Here is the BIG concern...the agency director (not an RN), has made it that the RN supervisor is only to work part time over a full time department. Job was formerly full time ( 2 different RN's did it FT) but the previous RN "agreed" to only do it part time. She has since passed away. hence the need for a new RN.

The new RN supervisor, when she was hired was told that she was only a part time supervisor but found out that she was actually responsible full time and that the "part time" was only to mean she was going to be paid only part time. The job description says full time RN supervisor. This is what is submitted with the state and federal contracts.

There is no other RN supervisor when the Part time RN is not there. There is another RN in the building but she has no knowledge of the patients or job duties.

When the RN realized that she was "misled" and concerned that the job couldn't nor shouldn't be part time she spoke to the Agency Director and was given approval to work more hrs. She did but was only allowed up to 34 hrs a week. Which the RN felt was sufficient and safe for the clients. However, 5 months later, the Agency Director made the RN salary and stated in writing, retroactive that she would only be paid 25 hrs a week and any hrs needed to be worked over was without pay. That means when an LPN is on vacation, the RN will have to cover (for free) and/or leave the department without RN nursing supervision when she isn't there.

My question is...How is this legal ? How can an RN supervisor supervise if she isn't there and "not on the clock" ?

How can the LPN's be doing the job of the RN, when the RN isn't there and when they aren't RN's ?

When the RN filed an assignment despite objection form, the agency director refused to sign that she got it, demanded her resignation (which the RN refused to do) and told the RN that she would not respond to the ADO in writing. She also implied that if the RN didn't comply that other "staff cuts" would have to be made to make up for the RN's pay. We all need our jobs as many of the staff are sole supporters of their families.

This is a nonprofit and the board only is "allowed" to hear the agency director's side. In fact, the agency director has ordered the staff to not speak to any board member without her being present. Also the A.D. strongly implied that if she was told on that the whole agency would be shut down and it would be the RN's fault when everyone is out of a job.

This is a nightmare but the other staff and most importantly the patients are wonderful.

What can be done to rectify this situation ?

[caliotter3]

This speaks of a visit to the local labor board for a well documented complaint and a request for owed wages. If not successful in the labor board arena, then a visit to an employment attorney. (A visit to an attorney for answers to questions might not be a bad idea anyway). And lastly, immediate procurement of a new employer. Or perhaps, my priority should be new employer first. This entire situation stinks, and the person involved should stop allowing their own abuse. JMHO

[caliotter3]

It is never legal to deprive a worker of their earned wages. That is one of the reasons the Labor Board exists.