Supposed to be "salaried" BUT...

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I quit a job to take a new job as a CM for a hospice company. Just got a paycheck yesterday that did not have 40 hours on it. When I asked why, I was told (for the first time since being hired 6 weeks ago) that if I work less than 4 hrs. on a particular day, then I only get paid for a half day. If I don't work at all, I don't get paid at all. Even if I have worked 10-11 hours days for the first four days of the week to get all my work done and patients taken care of, and so I'll be available to take admissions, etc. on Friday...if I don't get called on Friday, I get paid 32 hrs. that week even if I've already worked 40+.

I was specifically told, more than once, before I quit my last job and accepted this one, that I would be "salaried" and paid for 40 hrs./week.

What sucks even more...if I am not given enough work to do (after much communication to management on my part, including driving the hour+ to the office to talk to them about it) I still don't get paid, they take no responsibility. BUT on days when nothing is lined up, I am expected to answer my phone any time 8:30-5:00 M-F and run out to anything I'm called about, even being called to start an admission at 4:30 (they take 3-4 hrs.) This happened night before last. So it amounts to my being on call for NO pay, then going out at crappy hours for no extra pay when it's NOT an emergency.

I feel SOOOO screwed right now. Guess it's time to job hunt again. I have been doing a super job, too (after a very minimal orientation), all for nothing. :confused: :crying2:

Specializes in Icu, Corrections, CICU.

You need to check with tour state governement institiution about fair wages, they have to pay you for a minimum of 40 hrs.

Specializes in ED/ICU/TELEMETRY/LTC.

I don't think they can have it both ways. Salaried AND hourly. BUT, I don't think making a fuss about it will do your prospects any good. I agree, work 8 hrs. go home, and leave some work for Friday.

Specializes in Acute Mental Health.

I agree with working your straight 8 but I also am guessing you can't do that with a pm admit? I would keep track of my hours and look over the paperwork you signed to see if there is anything in there regarding working 12 hrs one day and 4 the next but not getting paid. One more thing for us to watch out for when we move onto different positions!

Specializes in Pedi.
I quit a job to take a new job as a CM for a hospice company. Just got a paycheck yesterday that did not have 40 hours on it. When I asked why, I was told (for the first time since being hired 6 weeks ago) that if I work less than 4 hrs. on a particular day, then I only get paid for a half day. If I don't work at all, I don't get paid at all. Even if I have worked 10-11 hours days for the first four days of the week to get all my work done and patients taken care of, and so I'll be available to take admissions, etc. on Friday...if I don't get called on Friday, I get paid 32 hrs. that week even if I've already worked 40+.

I was specifically told, more than once, before I quit my last job and accepted this one, that I would be "salaried" and paid for 40 hrs./week.

What sucks even more...if I am not given enough work to do (after much communication to management on my part, including driving the hour+ to the office to talk to them about it) I still don't get paid, they take no responsibility. BUT on days when nothing is lined up, I am expected to answer my phone any time 8:30-5:00 M-F and run out to anything I'm called about, even being called to start an admission at 4:30 (they take 3-4 hrs.) This happened night before last. So it amounts to my being on call for NO pay, then going out at crappy hours for no extra pay when it's NOT an emergency.

I feel SOOOO screwed right now. Guess it's time to job hunt again. I have been doing a super job, too (after a very minimal orientation), all for nothing. :confused: :crying2:

This sounds quite illegal. If you are salaried, they MUST pay you your full salary for any week in which you perform any work, regardless of if you work 20 hours or 40+. Salaried/exempt employees cannot be docked for part of a day's pay or for times when they are willing/able to work but work is unavailable. If they dock you for part of a day's pay, you are not salaried. If you are paid hourly, they must pay you for every hour you work as well as over time for any hours worked over 40.

Your employer cannot have it both ways. Either you are salaried and they are to pay you your full salary even if you don't work a full 40 hours in a week or you are hourly paid and they must pay for every hour worked (either way, it is not permissible to pay you for 32 hrs for a 40 hour position or for a week in which you have worked > 40 hours). I'm fighting this fight with my employer currently.

Specializes in Leadership, Psych, HomeCare, Amb. Care.

Did they say you are salaried? Or exempt?

There are various legal applications for exempt.

The most liberal is the one where you never punch in and are paid whether you work or not (unless taking a vacation).

Another is that you punch/sign in and maybe you work 5 minutes...or 15 hours. You get paid for your scheduled hours (8, 12, whatever)

Or, you punch in and out, and are paid for you full shift, even if less than your full shift. If you work more than 40 hours per week, you may be paid straight time for the excess hours.

Some states or companies allow you to "bank" your excess time and take comp time later. Some do not. I believe accruing and taking comp days is not allowed in Illinois

It sounds like you need to sit down and get a full written clarification of how they define their reimbursement policies.

Sounds like maybe you need to try to be sure you work at least 4:01 hours per day, avoid the super long days, and try to get out earlier when you can.

Specializes in Psych.

Thanks everyone for your replies.

They told me I am salaried as well as exempt, which is supposed to mean that I get paid 40 hours a week whether I work 35 or 45, etc. They even went into detail as to how it is supposed to work but did not tell me about this working less than 4 hours thing. It was all verbal. There is an employee handbook but it says nothing about it either. Last week I got my check for going over 40 hours and of course no, there was no extra compensation for going over 40 :mad:

Soooo...for now I will just work it to my advantage as much as possible. There are some good aspects to the job such as I have never gotten the first call while on back-up call and have not had to do primary call, the benefits are good, there is SOME flexibility in the job, etc. I can certainly work it out to where I will hit at least the 4 hours every day of the week and will try not to work any longer days that I have to to get the work done.

My main gripe at this point is the late admissions...why not give admissions to PRN people (admissions are certainly "PRN" work...) or better yet, hire a dedicated admissions nurse. Our admissions take at least a good 4 hours to do if you do a good job...if you've already worked an 8-9 hour day and then have an admission...crap, then you're right back to doing 12-hours shifts except you do NOT get the four days a week off that hospital nurses get :crying2:

Thanks for the support though!! :yeah:

Specializes in Pedi.
Thanks everyone for your replies.

They told me I am salaried as well as exempt, which is supposed to mean that I get paid 40 hours a week whether I work 35 or 45, etc. They even went into detail as to how it is supposed to work but did not tell me about this working less than 4 hours thing. It was all verbal. There is an employee handbook but it says nothing about it either. Last week I got my check for going over 40 hours and of course no, there was no extra compensation for going over 40 :mad:

Soooo...for now I will just work it to my advantage as much as possible. There are some good aspects to the job such as I have never gotten the first call while on back-up call and have not had to do primary call, the benefits are good, there is SOME flexibility in the job, etc. I can certainly work it out to where I will hit at least the 4 hours every day of the week and will try not to work any longer days that I have to to get the work done.

My main gripe at this point is the late admissions...why not give admissions to PRN people (admissions are certainly "PRN" work...) or better yet, hire a dedicated admissions nurse. Our admissions take at least a good 4 hours to do if you do a good job...if you've already worked an 8-9 hour day and then have an admission...crap, then you're right back to doing 12-hours shifts except you do NOT get the four days a week off that hospital nurses get :crying2:

Thanks for the support though!! :yeah:

Salaried/exempt employees CANNOT be paid for part of a day. The law is very clear on that. If you are salaried/exempt, you must receive your full salary any week in which you perform any work. Your employer is only allowed to dock you for FULL day absences for reasons other than sickness or disability and they CANNOT dock you for days when you are willing/able to work but work is unavailable. I would file a report with your state labor board if your employer continues to violate the law in such obvious ways.

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