Tired of unpaid OT

[Elektra6]

My client (an adult) stays up all night on computer and wants to sleep all day. He requires a liot of care but refuses to allow me to begin until the last minute. No nurse follows me. Mom says all work has to be done before leaving. She will never voluntarily take over. I am often stuck there 1 1/2 hrs late. One nurse on the case can finish on time and the other stays over for hours. I mentioned iit to supervisor but she says i am not assertive enough. I dont mind staying to chart but 1 1/2. -2 hours is crazy.

[JustBeachyNurse, LPN]

My agency told me that Rn's do not have to be paid OT.

I also remember reading about this on Allnurses.

Any truth to that?

I was not on salary with that agency either;i was hourly.

Not true unless management/exempt or salaries If you work more than 40 hrs in a week (not including PTO) you are to be paid 1.5x base per federal law. You posted that you live in NJ, this is also true for NJ. Some states are more strict (OT paid for hours over 8/day or shift) but NJ that does not apply

[caroladybelle, BSN, RN]

Per federal law, RNs are not entitled to OT in many cases. However, per state laws, RNs may be entitled to OT law. The stricter law (often state) applies.

Having said that, much depends on your status, and your workplace. Management staff are often salaried and OT may not be paid. Other nurses are strictly hourly, and paid OT. In my department, we schedule for 240hrs/6 weeks. We may work 60 hrs one week and 20 the next, but will not get time and a half OT for the over 40 hrs. However, if we work extra hours above our scheduled shifts we do get paid OT.

So a lot depends on your workplace, your contracted hours, your state laws and your position as to whether you get OT. However, per federal statute (signed by former president Bush) most RNs are exempt.

[SDALPN]

Per federal law, RNs are not entitled to OT in many cases. However, per state laws, RNs may be entitled to OT law. The stricter law (often state) applies.

Having said that, much depends on your status, and your workplace. Management staff are often salaried and OT may not be paid. Other nurses are strictly hourly, and paid OT. In my department, we schedule for 240hrs/6 weeks. We may work 60 hrs one week and 20 the next, but will not get time and a half OT for the over 40 hrs. However, if we work extra hours above our scheduled shifts we do get paid OT.

So a lot depends on your workplace, your contracted hours, your state laws and your position as to whether you get OT. However, per federal statute (signed by former president Bush) most RNs are exempt.

Can you post a link. I've never heard or seen that. The best thing to do is call the labor board and ask.

[akulahawkRN, ADN, RN, EMT-P]

Here's a link to a US Department of Labor sheet outlining the FLSA exemptions in regards to RN and LVN/LPN staff... under the FLSA, they are different. In short, under the FLSA, an RN may be OT exempt and LPN's "and other similar health care employees" are not.

http://www.dol.gov/whd/overtime/fs17n_nurses.pdf

As stated above, you have to look at both the Federal and State labor laws.

[JustBeachyNurse, LPN]

If you are paid hourly you are entitled to overtime worked. Your agency may not be happy as they cannot bill for overtime (RN or LPN) nor can they bill the payor for hours over those authorized without pre-approval. So if a patient is authorized for 12hrs/d x7d/wk. they cannot bill 12.5hrs for one day & 11.5 the next.

[brillohead, ADN, RN]

I fail to see how ANY nurse in a PDN atmosphere (other than management) could be considered exempt from receiving overtime pay under the federal rules, let alone the state rules.

To qualify for the learned professional employee exemption, all of the following tests must be met:

* The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;

* The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

* The advanced knowledge must be in a field of science or learning; and

* The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

How many PDN nurses are salaried rather than hourly?

How many PDN nurses are not "hands-on" workers (predominantly intellectual in nature)?

How many PDN nurses have a Masters or Doctorate degree?

The ONLY condition that RNs in PDN remotely meet is the "field of science" one, and even that is suspect because without the Masters or Doctorate, the knowledge in question isn't "advanced knowledge".

For that matter, other than management positions (as in office job, not just "charge nurse" management on the floor), instructors, or nurse practitioners, I fail to see how any nurse, RN or LPN, could possibly fail to qualify for overtime pay.

[smartnurse1982]

Not true unless management/exempt or salaries If you work more than 40 hrs in a week (not including PTO) you are to be paid 1.5x base per federal law. You posted that you live in NJ, this is also true for NJ. Some states are more strict (OT paid for hours over 8/day or shift) but NJ that does not apply

Uh Oh,agency M owes me big time,over 2 yrs of OT. i was field so i was not salaried.

They would mention the federal law(signed by Bush).

My other agency did pay time and a half for anything over 40 hrs.

[smartnurse1982]

The name of the old thread i am referring to is titled "Lpn's winners and Rn's losers".

I always thought Rn's were considered professionals in the law Bush signed?

I mean,our licenses do say"Registered Professional Nurse?"

[smartnurse1982]

Here's a link to a US Department of Labor sheet outlining the FLSA exemptions in regards to RN and LVN/LPN staff... under the FLSA, they are different. In short, under the FLSA, an RN may be OT exempt and LPN's "and other similar health care employees" are not.

http://www.dol.gov/whd/overtime/fs17n_nurses.pdf

Seems Rn's meet all of the requirements except the 1st one.

As stated above, you have to look at both the Federal and State labor laws.

[brillohead, ADN, RN]

I always thought Rn's were considered professionals in the law Bush signed?

I mean,our licenses do say"Registered Professional Nurse?"

The rules for what constitutes a "professional" for overtime pay purposes are different from the dictionary definition. If someone had the title of Professional Burger Flipper, would you expect them to be exempt from receiving overtime pay?

[akulahawkRN, ADN, RN, EMT-P]

Here's a link to a US Department of Labor sheet outlining the FLSA exemptions in regards to RN and LVN/LPN staff... under the FLSA, they are different. In short, under the FLSA, an RN may be OT exempt and LPN's "and other similar health care employees" are not.

http://www.dol.gov/whd/overtime/fs17n_nurses.pdf

Seems Rn's meet all of the requirements except the 1st one.

As stated above, you have to look at both the Federal and State labor laws.

That's why I stated "may" be exempt from OT. If the nurse was paid on salary or was paid a flat fee for the service, then that might trigger the OT exemption under the FLSA. Right below the list was a statement that said that RN's that are paid an hourly wage should be entitled to OT. Each state is different and valid collective bargaining agreements can very radically change the game. Nursing or not, you should know the wage laws that apply to your situation just so you don't get taken advantage of. There are employers that will find any way to justify paying you less... to the point of citing what they think the law is or what they want you to think what the law is to do it. Some may go so far as to "reassign" you to something else more desirable long enough to let the statute of limitations run out so you can't sue them if you do make a fuss. Not all employers are like that, but it happens enough that everyone should be aware of the labor laws (Federal, State, and wage contracts if applicable) that apply, to keep everyone honest.

[JustBeachyNurse, LPN]

Here's a link to a US Department of Labor sheet outlining the FLSA exemptions in regards to RN and LVN/LPN staff... under the FLSA, they are different. In short, under the FLSA, an RN may be OT exempt and LPN's "and other similar health care employees" are not.

http://www.dol.gov/whd/overtime/fs17n_nurses.pdf

Seems Rn's meet all of the requirements except the 1st one.

As stated above, you have to look at both the Federal and State labor laws.

They must meet ALL of the requirements to be exempt from OT. NJ is more strict you get OT over 40 hrs unless salaried/exempt (usually management). You have a limit to file a claim with NJ DoL. It's not the first time "M" misinterpreted the law AEB recent federal investigations and subsequent charges/citations.