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!!!
I am a Nursing Student now, but have been a HR Manager for the past 5 years.
You job is correct. Nurses are considered professional and therefore in the exempt from overtime pay category. Now, as an incentive other facilities most likely pay RNs overtime, but the choice is up to the facility. They can actually not pay you for any hours that you work past your scheduled time instead of giving you straight pay.
Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
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.
Your paycheck also probably classifies you as a non-exempt RN.
Non-exempt = eligible for overtime pay and usually paid an hourly wage
Exempt = ineligible for overtime pay, and typically paid a set salary
Fact of the matter is that FLSA sets the rules, not a particular facility. They may not be paying overtime, but unless they can proove the employee passes ALL 4 tests, the employee is entitled to overtime, plain and simple. If the employee does not pass all 4 test and their employer refuses to pay them overtime then they need to file a complaint with the state and federal labor board.
Old post but if the nurse is considered exempt then look at the job description being performed. To be exempt you have to be more less a paper jocky. If your doing the job description of a floor nurse over 50% of the time due to continuous short staffing in your faciility then you may be wrongly classified as exempt. At least this is what I am finding out now in my wage and hour situation. I was hourly for over a year as a clinical manager. Then when we became short staffed and they needed me 50-60hr weeks they made me salary although I was on the floor 6 days aweek as the only nurse then performing my administratifve duties after hours or at home. My lawyer has really enlightened me to the simple fact "YOUR EMPLOYER OWES YOU MONEY" Music to my ears!!!, Plus they rounded out my time by not allowing me to clock in like the regular employees. Not a good thing on thier part. Plus not paying me for lunch breaks I didnt get to take. Never mind as manager the scheduling and phone calls, and lab value for med changes I had to do at home. Hopefully it will be a nice chunk to give me some time off for abit :)
Since going salaried, the nurses at my clinic who were coerced into it, are working like crazy, while the hourly workers are practically pushed out the door when they reach 40 hours. I know it all comes down to money, but geez! These poor salaried employees. Working 60 hours a week, making the same amount as if they had just worked 30, or 40. Doesn't seem fair. One of the nurses thinks that eventually we will all be salaried in the company, to save money.
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Angel0411
70 Posts
I am a Nursing Student now, but have been a HR Manager for the past 5 years.
You job is correct. Nurses are considered professional and therefore in the exempt from overtime pay category. Now, as an incentive other facilities most likely pay RNs overtime, but the choice is up to the facility. They can actually not pay you for any hours that you work past your scheduled time instead of giving you straight pay.