Why am I not getting time and a half for overtime??

[oldladyRN]

I would like to pick everyone's brain and see what answers I get. I am a registered nurse in Texas. I work at a State psychiatric facility. Where I work, the techs and the LVNs (and probably everyone else on the campus) are paid at a rate of 1 1/2 times their hourly wage for overtime (any hours worked over 40 in one week). However, the RNs are paid straight time for any overtime worked. I am told that the State of Texas identifies RNs as being in a "professional" category, thereby making us "exempt".

This must just be for State of Texas employees, because I've been a registered nurse for several years and have lived all of my life in Texas. At any other employer, I have been paid time-and-a-half for any hours worked over 40 in one week.

Does anyone know why this is so? Why would one employer pay time and a half and another say that they don't have to? I feel pretty used. We're very short-staffed on nurses here, and I'm sure that more RNs would sign up for extra shifts if they got paid the regular overtime rate for it. Help!!!

OldladyRN

[llg, PhD, RN]

Later posts answered it better

[oldladyRN]

Thank you for your response. I don't want to state what my position is and give away where I am and where I work, but I am in a supervisory position. However, ALL of the RNs at my facility are paid for overtime at a straight hourly rate, whether they are charge nurses or staff nurses. If we choose to NOT be paid for overtime, we can accrue comp time for it, but only at a "time for time" rate. If an employee other than an RN chooses to accrue comp time for their overtime, they accrue comp time @ a time-and-a-half rate (if they work eight hours, they earn twelve hours of comp time). I just don't think it's fair and can't understand how other places of employment paid me @ time-and-a-half for overtime and now this State employer apparently doesn't have to. It just seems bogus to me, and I don't have the vaguest idea of where to go or whom to call to see why they can do this.

OldladyRN

[SuesquatchRN, BSN, RN]

Call the Dep't of Labor. They'll know.

[oldladyRN]

Thank you, Suesquatch. I just knew that one of you guys would be able to guide me in the right direction. I shall call and see why I'm getting short-changed.

OldladyRN

[morte, LPN, LVN]

are you union? i doubt it , in texas.....lol, but, if you are start with them

[hypocaffeinemia, BSN, RN]

The "professional" thing is right. I remember several (5?) years back that something was passed to define RNs as professionals and thus exempting them from the legal requirement of overtime pay. Private facilities can and do still pay overtime in order to keep retention, but I don't believe anybody's obligated to do so.

[TheCommuter, BSN, RN]

Exempt employees receive a set salary, not an hourly wage. They receive no overtime pay regardless of any extra hours worked.

Non-exempt employees receive an hourly wage, and are eligible for overtime pay.

If you want to be paid overtime, perhaps you should choose to work for a facility that is not owned and operated by a city, county, state, or government entity.

[loricatus]

Bush signed a bill a couple of years ago that revised the classifications of exempt employees. Hardly anyone qualifies for mandatory overtime now because of that revision to the law. Any OT given is by choice, union contract &/or state law. This is a national policy change and not restricted to Texas.

[BellaCerraRN]

I just finished reading the FLSA just to make sure that I knew what I was talking about before putting my two cents in.

IF you are exempt, it is because you are in the "Learned Professional" category. However, there are tests you must pass in order to be exempt. They are as follows:

*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.

Now, you have to pass all 4 tests, not just one of them. And unless you're paid a flat salary then you are not exempt. That means you paycheck never changes it's $XXXX.XX EVERY month rain or shine, 28 days or 31, 3 holidays or none etc. If you pass that test, then you are exempt and I'd be looking for another job unless you're paid a sweet salary!

[Fun2, BSN, RN]

Exempt employees receive a set salary, not an hourly wage. They receive no overtime pay regardless of any extra hours worked.

Non-exempt employees receive an hourly wage, and are eligible for overtime pay.

If you want to be paid overtime, perhaps you should choose to work for a facility that is not owned and operated by a city, county, state, or government entity.

I work at a UT Southwestern University hospital, and it is a State school's hospital.

I get paid overtime....although as an intern, it is extremely frowned upon. (I did get .5 on my first check, but we all were told to 'make sure' that we get out of the rooms earlier so that we can get clocked out on time.

[loricatus]

I work at a UT Southwestern University hospital, and it is a State school's hospital.

I get paid overtime....although as an intern, it is extremely frowned upon. (I did get .5 on my first check, but we all were told to 'make sure' that we get out of the rooms earlier so that we can get clocked out on time.

Ahhhhh yes, OT is the kiss of death in Texas.