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Recently, experienced working 24 hours straight, I'm the RN Supervisor in a skilled Nursing Facility 99beds. I'm getting conflicting information about it being against the law and that something should have been done to relieve me. I Called/texted all the RNs in our building even our DON and ADON. Nobody was available. I know that we can't abandoned our patients until no one comes but what happened to me, was it against the law? Need input guys. Thnaks..
CA: WAGE ORDER 5-02 WAGES, HOURS AND WORKING ...
(10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off-duty immediately following the 24 consecutive hours of work.
Meal Periods
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the meal period is not provided.
That's the dilemma I have now there is no specific documentation if is legal or illegal. One friend told me that the facility should be nice to me from now on lol coz I can call dept of labor and the facility would be penalized
No, your facility should have been "nice" in the first place and relieved you.
And smart enough enough to realize that, your patients were in jeopardy by being tended by an impaired nurse.
Whether or not it is legal in your state is beside the point.
It's ridiculous that NO ONE would come in to relieve you. As being part of management I would implement a policy that if there is no one scheduled to come in and/or no one has agreed to come in, then an agency will be called to cover.
I will admit during a really crazy time in my life I worked way too much in 48 hrs every other weekend. I would work a 12hr shift in acute care then drive 1.5hrs to my homecare case, work 8 hrs, then drive 1.5hrs home. I only did this for a few months before I got sick of it. I felt tired sometimes, but I had lots of caffeine to keep me going.
marcjuico
7 Posts
Southern California