Violation of labor laws- looking up pts prior to clocking in

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I've been taught in nursing school to be prepared for your assignment and that means coming into work an extra 30 mins prior to the start of your shift to look up your patients that were assigned. This way, when you start your shift, you have a basic understanding of your patients. When your shift starts, you are then able to ask the appropriate questions to the off-going nurse, do bedside handoffs, pick up where the last nurse left off, and begin your patient care.

I have been doing this for the past 7 years as a RN, but yesterday my manager came up to me and said looking up patients PRIOR to the start of your shift is a violation of labor laws and we are no longer allowed to do this. Looking up patients on the computer prior to clocking-in is considered "working" and is a violation.

Could anyone please shed some light on this for me? Thanks!

Specializes in HH, Peds, Rehab, Clinical.

I think the reasons have been covered and debated quite a bit already.

Why is it a no no?
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
I think the reasons have been covered and debated quite a bit already.

Ok....I just thought you might have other thoughts. I meant no offense...:shy:

Specializes in ER.

Setting up a desk or cleaning up a locker doesn't sound the same as looking up patients. Income in early to eat in the break room, not to look up patients

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

Esme: No need to shout. :yes: I know is needed; I have carried it since I began nursing 17 years ago. However, if I get injured or I injure a patient, I may not be covered (particularly by my employer). Worker's comp may be on the table. I am not risking losing out if something happens to me on the premises; I can't afford to. My understanding is that I could risk not being covered----from my union steward. I tend to trust her advice. Besides, my employer is not getting my time for free. Not ever.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

I meant no offense...I actually meant it for emphasis. I read TOO many posts where nurses don't have malpractice and it baffles me why one would not chose such a cheap alternative to protect oneself. I have been on this site a LONG time and I have said it time and time again....at least I know now someone heard. ;)

You should NEVER touch a patient when not clocked in...unless of course they drop dead in front of you. You would be obligated just like you are in public to react, call for help and begin CPR. But answer lights, phones or help to the bathroom yes you are opening yourself up to liability without protection.

Specializes in Nurse Leader specializing in Labor & Delivery.

You should NEVER touch a patient when not clocked in..

Agreed. I would extend that to not even talking to a patient.

Specializes in Nurse Leader specializing in Labor & Delivery.
Maybe it's just me, but working on YOUR time to fill holes in your providers schedule does not sound like something you would do for YOU.

Of course it is! Because if I can move some of my own patients into empty provider holes, then it frees up my schedule for administrative tasks. Any patients I can turf to the providers helps ME.

Those who keep saying it is a gray area please read the two links that I posted in the thread from the department of labor.

There is no gray area with regards to this. A company has the responsibility to ensure that you do not work off the clock. You are not allowed to volunteer of your own time to come in early and read charts without being paid. You are opening yourself up to being fired because the company has a responsibility to make sure you don't do this.

Please quit spreading information contrary to this. Doing so is giving incorrect legal advice and is opening up the possibility of causing someone huge problems because you think you know the law or feel like there might be a loophole. Don't let your ego and ignorance cost someone else.

Specializes in HH, Peds, Rehab, Clinical.

None taken!!

Ok....I just thought you might have other thoughts. I meant no offense...:shy:
Specializes in ER.

I still stand by nursing is a strange and demanding field. The culture of nursing is not necessarily the most healthy compared to other fields.

I'm going to assume for an example that you work a similar shift to me, three 12 hour shifts per week. You say you have been coming in 30 minutes early for the 7 years you have been working. With no vacations, you have been through 364 weeks, times your 3 shifts is 1092 shifts. Take your 0.5 hours you put in every shift and that is 546 hours of your time you did not get paid for.

Even at 25/hour, which is less than what a new grad makes in California, that is over $13,000 of your time. I was taught that as a new grad it might be beneficial to come in early, but I have never made that a practice.

Again I am not a lawyer...if the employee is doing this of their own free will...in essence volunteering their time...there is no obligation to pay for that time. You aren't paid for being on the premises...you are paid when you clock in. Now if the employer had the expectation for all staff to show up early and look at charts that is not allowed without being paid. It's very complicated.

And if one employee complains and says they're being expected to do so, how does that employer prove that it's voluntary and not an expectation for which they are required to pay? At which point, the employer is going to have to pay for everyone "volunteering" their time. OP's employer is choosing not to take that risk and OP is going to have to learn to deal with it.

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