Unpaid overtime...

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Some RNs where I work clock out (at the regular time) and then finish their charting (in their own time) - that way they don't claim overtime (which makes management happy). My question is - is this legal? Does charting after you've clocked out from work stand up in court? :uhoh21:

It is never a good idea to be on the floor working in any capacity off of the clock. Too many issues to deal with come to mind. One, is HIPPA. Why would you break into a chart with so much information and not be covered under facilities insurance?

Specializes in Maternal - Child Health.

Don't work off the clock. You deserve to be paid appropriately for your professional services. You also deserve to be protected by Worker's Comp should you be injured (slip and fall, etc.) while finishing your charting. If you chart after clocking out and are injured during that time, you will not be covered.

Specializes in Staff nurse.

If more nurses would chart on the clock at X 1.5 pay maybe TPTB would staff more appropriately...nah, probably not :(

At more than one LTC facility where I worked we were required to clock out at the right time and if our charting wasn't finished, chart on our own time. At one of the facilities we had to do a walkthru with the oncoming nurse, the oncoming nurse had to come in 15 minutes early for this. At the appropriate time, she/he and I had to both clock in and out, whether we had finished the walkthru report or not. Then the offgoing nurse could finish charting if it wasn't done. I never questioned these practices because I needed my jobs. As far as this charting being legal in court, I don't think it is an issue. Not doing the charting, or charting something the next time you came to work or three days later, might be questioned. I do know that my employers had no qualms about breaking the labor laws when they required us to complete our work off the clock, I'm certain that they would have no qualms about stating that there was no policy for unpaid overtime if we injured ourselves while off the clock. One untruth begets another.

Management is always "bullying" all the staff at the assisted living care facility where I work. :angryfireThey want to "scare us" by telling us there is absolutely "no excuse" for overtime. However, we are not wimps here. We demand to be paid for our time. So they can scream and yell all they want. We don't care.:trout:

Being forced to work off the clock is illegal. Being forced to clock out is illegal. They can't make you clock out and then finish your charting and they can't make you not chart. Shrug. Of course they could fire you, but you don't want to work for that kind of employer anyways.

I agree with what you say in theory, Stanley, but have found in life that being unemployed and living in my car are not acceptable for my health and well being. I do not care about the little things that my employers do that are illegal. When I see the big things is when I start looking for the door. At my age, I have to make sure that another job is waiting on the other side of the door.

Specializes in Staff nurse.

I would tell them well, Mrs. B had an unscheduled code brown to clean up and Mr. S had some unscheduled SOB right after we stablized Mrs. A after her fall....and that took so much time to chart that now I will finish my other charting. We aren't machines...

Specializes in LTC.

it is illegal for any company have you work off the clock for any job. also breaks and lunchs must be given where you can be totally relieved of duty in order for it to be legal break or lunch. (Have a employment lawyer (federal laws) of which I know this are fact.)

don't do it under any means!!!!!

Specializes in Med/Surg..
it is illegal for any company have you work off the clock for any job. also breaks and lunchs must be given where you can be totally relieved of duty in order for it to be legal break or lunch. (Have a employment lawyer (federal laws) of which I know this are fact.)

don't do it under any means!!!!!

Maggie, Are you quite certain that hospitals must give their employees breaks and lunches that are (totally relieved from duty)? I'm not talking about a Surgeon, OB or ER Staff that have highs and lows in the day and have to obviously drop what they're doing for emergencies. I'm asking about typical floor Nursing.

When I was hired for 3 - 12 hour night shifts in a row, I was told I'd get 2 (15 minute breaks) and a 30 minute dinner break). Not only has nobody on my floor ever had (1) 15 minute break, the rare times we get a dinner break, we're interrupted with a call from the ER wanting to give us report on some new Patient. I've been at my current hospital for 1 1/2 years and can honestly say I haven't had more than 10 meals that weren't disturbed after a couple of minutes for one reason or another. Pretty hard to work a 12 hour shift with a couple of sips of soup or 2 bites of a sandwich and 1 pee break, but thát's what they expect us to do. If they're figuring those 2 (15 minute breaks) into our salary - they owe a lot of people, a lot of money!!!

Specializes in Post Anesthesia.

Yep, it's illegal to force you to clock out and finish your charting on your own time. The alternative is being counseled and possibly desciplined (including dismissal) for poor time management. I guess if I was giving the company 10 or 15 min every now and then I would clock out and finish my charting. If I found it was every day- the only way to get them to solve the problem may be to charge them for the overtime. But--do I really want "dismissed for inability to complete assigned dutied in a timely manner" on my references? Probably better off just turning in my notice and getting out while I could.

We have a simular problem where I work. My unit only has 2 staff on saturdays. We are entitled to 3-15min and 1-30min breaks in 12 hrs. but it requires 2 staff to be present at all times. Most saturdays I'm lucky to get 1-15 min break. We have been forbidden to clock out "no lunch/no break" and get paid for the missed time. The alternative is they can transfer all the patients to another unit EVERY saturday and make us float to wherever they want. Personaly, I'd rather work my unit with patients and doctors I'm comfortable with and get no break than work on a foreign floor every weekend.

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