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

[telee73]

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!

[Esme12, ASN, BSN, RN]

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.

Therein lies the problem. I agree that is why they are stopping the practice. I'm willing to bet they got bit in the behind and are now ending this practice.

[Esme12, ASN, BSN, RN]

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.

My ego is intact and I am not ignorant. I have worked at many facilities where nurses do this and it has never been a problem. Me personally....I have done this as a bedside nurse and have never been told to stop. I have always gone in early to decompress from the commute and take a peek at the patients assigned to me to hit the ground running.

After many years in management I am merely giving what I have experienced and been told be the HR at my place of employment. I think it can open a can of worms if it is allowed because someone somewhere down the line will try to squeeze out some extra cash and the facility has nothing to fall back on.

All this is a moot point as the facility has made it clear. Please stop...so anything else really doesn't really matter.

[blondy2061h, MSN, RN]

Is it really a HIPAA violation if it's going to be your patient in a few minutes anyway?

Yes. I know someone who was fired for looking up information on a patient she was told she was going to be taking, then the assignment got changed. She was told it was a HIPAA violation and fired. Harsh? Yes, way harsh and obviously extreme, but I guess that technically that is a HIPAA violation.

[Karou]

Yes. I know someone who was fired for looking up information on a patient she was told she was going to be taking, then the assignment got changed. She was told it was a HIPAA violation and fired. Harsh? Yes, way harsh and obviously extreme, but I guess that technically that is a HIPAA violation.

What about when you look up an ED or PACU patient after they have been assigned? In some facilities it is expected to look up your assigned patient before receiving verbal report, if you receive report verbally at all.

[morte, LPN, LVN]

blondy, was the nurse on the clock or not? if he/she were, I would think it wasn't, if not, there ya go.

Yes. I know someone who was fired for looking up information on a patient she was told she was going to be taking, then the assignment got changed. She was told it was a HIPAA violation and fired. Harsh? Yes, way harsh and obviously extreme, but I guess that technically that is a HIPAA violation.

[ddunnrn]

According to federal labor law you cannot "donate" that time to your employer. All time worked must be paid for. They are in violation of the law for allowing you to do it. They would also be justified in firing you, especially if one of your coworkers reported the situation. Your employer would not risk the fines and back pay they would be assessed if the Feds were made aware.

[nurse4ever08]

It is labor law and regulations. Just follow it.

[TheCommuter, BSN, RN]

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.

I was never taught this. Never in a million years would I come to work 30 minutes before the shift starts.

Since I do not give my time or labor away, I've always straggled in three to five minutes prior to the beginning of the shift to receive report. I am a "just the facts, ma'am" type of person when it comes to receiving report.