on april 20, the u.s. department of labor (dol) issued a revised fair labor standards act (flsa) rule that, as currently written, threatens the rights of registered nurses to receive overtime compensation. unless congress intervenes, this new rule will go into effect on august 23, 2004.
representative david obey (d-wi) has proposed an amendment to the labor, hhhs, and education appropriations bill that would protect nurses and other workers currently eligible for overtime pay. the amendment prescribes that workers covered by the flsa who are currently eligible for overtime pay cannot be denied this pay under the new rule.
it is imperative that the house take up the obey amendment, but it appears unlikely that the house leadership will allow a vote on the amendment prior to the rules' implementation in august.
ana believes it is essential to preserve the right to overtime compensation for registered nurses, and has strongly supported past measures including the harkin (d-ia) amendment in the senates and a previous amendment in the house by reps. obey and george miller (d-ca) to protect nurses and other workers from the dol regulations.
ana has sent a letter to all members of the house asking them to support the obey amendment and to urge the house leadership to allow a vote on the provision before the august recess.
we need your help to make sure this issue is a top priority for congress. contact your representative today. make the voice of nursing heard.
Thank goodness W.V. did sign a overtime law for nurses. Most of the facilities here are making it clear that overtime will continue for staff nurses. They have said they have no plans to change the rate of pay and how it is administered when the law goes into effect on the 23rd of August. We may be a little slower than other states but we do know how and what effects our pocketbooks.
Well, California has OT laws too ... believe me, I hope you're right. But are you sure this doesn't override that? I hope I'm wrong but this is, afterall, a federal action that could override state laws.
Specializes in Trauma,ER,CCU/OHU/Nsg Ed/Nsg Research.
I just went to dol.gov, then to the Fair Overtime Pay Rules...........Firstly, the people I know in management/executive positions they are paid salary & do not get over time, hence their LARGE salary to compensate for no OT.......with this law it more than triples the current minimum salary of $155.00/wk to $455.00/wk, also provides that employers must comply with "providing additional worker proctection ( a higher minimum wage, for example).......also, you have to be classifed as an executive/manager/etc/be "highly compensated"($100,000.00/year I think it said) and quite a few other factors for this to affect you over time........ the $455.00/wk has to be guarenteed salary or it doesn't affect you........and I didn't see anything about MANDATORY OT......it think it might be a good change, for instance, if an Exec make 8,000.00/yr salary and an hourly makes 10,000.00/yr, well the exec doesn't get over time b/c he an exec, yet the hourly clearly makes more than him and still gets OT, this new law will end things like that........as long as you are hourly, It Does Not Affect You, and if you are already on salary, you probably don't get OT anyway, so it won't matter for you anyway...............
RNs are not named as exempt from this bill, thus they are considered white collar employees not entitled to OT pay as defined by the DOL- and the wage spectrum is from $23,000-100,000/year. What they have done is to redefine the terms "executive," "administrative," and "professional." This can now include anyone making $23,000/year. Employees specifically stated as entitled to OT under this plan are: police officers, fire fighters, paramedics, EMTs, and LPNs. RNs were left out for a reason- exemption has been brought up to the comittee for RNs, but I guess they weren't added in the mix. There has to be a reason for that, and they will now be considered administrative or professional- even if they are floor staff. Mandatory OT is not mentioned in the OT take-away plan, because it's an entirely different entity. So, if you are in a state like mine, with only limited mandatory OT protection, you can be made to stay after your shift to cover short staffing (and most of us are short-staffed), or mandated to pick up an extra shift a week with no OT pay if you're an RN. Minimum wage might only increase for certain employers who wish to pay $23,000/yr instead of less to employees to keep from paying them OT.
Specializes in Trauma,ER,CCU/OHU/Nsg Ed/Nsg Research.
She is a Republican, do you really expect her not to go with the party line..she is there for big business that is where there money comes from
Yep- she has backed every pet project Bush has set his sights on...and has consequently voted against everything the KNA has been for. She's a real gem.
There are some positions that will be changed from hourly to salary with this
new law.
Personally, I'd like to be George dubya's nurse someday after a 16 hour shift with no overtime!! :rotfl:
Thanks for the update NRSKarenRN!!
There are other factors than just salary, such as having two or more people under your supervision, making a certain amount per year, the requirements are at the DOL website
Specializes in Trauma,ER,CCU/OHU/Nsg Ed/Nsg Research.
There are other factors than just salary, such as having two or more people under your supervision, making a certain amount per year, the requirements are at the DOL website
That's the catch for RNs- they are considered supervisory, as they have CNAs/Techs, etc. under them. This is even if they aren't charge nurses.
folks, i really don't understand how these institutions will not pay you OT. you folks need to move here to South Carolina and work. i work extra, get paid ot, and am asked to work more ot. the initial post just absolutely blows my mind. i feel for you all.
On April 20, the U.S. Department of Labor (DOL) issued a revised Fair Labor Standards Act (FLSA) rule that, as currently written, threatens the rights of Registered Nurses to receive overtime compensation. Unless Congress intervenes, this new rule will go into effect on August 23, 2004.
In response to the over 75,000 comments from a wide array of groups, including the American Nurses Association (ANA) and concerns raised by Members of Congress from both sides of the aisle, the final DOL rule does include some improvements over the rule as it was initially proposed. However, it still remains controversial for registered nurses.
Part 541 of the new rule redefines which workers are categorized as salaried professionals, administrative managers, and executives, and, therefore, exempt from federal overtime protections.
A worker can be exempted from overtime protections under one of these categories if he or she meets a two-pronged test:
Duties: her/his qualifications and duties must meet the standards outlined in the regulations;
Salary: and s/he must be paid on a salary basis an amount more than $455 per week.
Although the Department of Labor correctly asserts that the status of salaried registered nurses remains unchanged under this new rule, it ignores the fact that most registered nurses are paid on an hourly basis. Registered nurses have long met the ?duties test? to be considered learned professionals; however, because most registered nurses are paid on an hourly basis, they do not meet the second prong of the existing rules, i.e., the salary component, and therefore are entitled to overtime compensation.
While the ?duties test? has not changed, the definition of a salaried employee has been altered to allow salaried compensation to be calculated on an hourly or a shift basis, on top of a guaranteed minimum. This creates a degree of legal ambiguity that employers may try to exploit. Creating doubt about registered nurses' right to overtime pay threatens ongoing efforts to retain and recruit nurses - particularly in a time when mandatory overtime is a common practice and RNs are in short supply.
ANA also is concerned that, if the economic disincentive of paying time-and-a-half is removed, employers are even more likely to rely on mandatory overtime as a regular nurse-staffing tool. A survey by ANA found that more than two-thirds of nurses already report working some form of mandatory, or unplanned, overtime every month.
At a time when, according to the U.S. Department of Health and Human Services, there already is a shortage of nearly 139,000 registered nurses in the United States, ANA believes federal pay guidelines should encourage the recruitment and retention of nurses. Raising doubts in the minds of hard-working RNs, as well as potential nurses, about whether they will qualify for overtime pay does not accomplish that goal.
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.
Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.
i personally would like to see a full text of HR 2665, but am unable to on the House of Representatives website. there are subtle laws introduced in bills that prevent passage, so it's difficult for me to address at this point. i'm a republican, think for myself, and support conservative views, but i don't see why this bill wouldn't pass. i will contact my representative for additional information and let you know what i find out.
Sheri257
3,905 Posts
Well, California has OT laws too ... believe me, I hope you're right. But are you sure this doesn't override that? I hope I'm wrong but this is, afterall, a federal action that could override state laws.