Working over 40 hours... still no overtime pay? Legal?

Published

I recently worked two additional shifts, (full shifts of 13+ hours) to orient into a leadership role the unit asked me (well really, told me) I was going to do, in addition to my regular 3 shifts of 13+ hours per week, totally approximately 56 hours in one week. I worked this many hours another week as well. I asked whether or not this entitles me to overtime pay and was met with the response that they are "education hours". And the topic was shot down from there. I asked colleagues/friends and no one else has received this answer. Has anyone heard of this? Am I being blatantly swindled here? And no we are not unionized. HELP?! :(

Up Vote Up Vote ×

if you were on the clock and being paid to work then that's all that matters. "education hours" you were still paid your base rate of pay for, so yes they count. I bet if you called HR and asked them if you really need to file a complaint with the department of labor to get your overtime pay they'd be ponying up that extra pay fast!

Up Vote Up Vote ×
Specializes in Neuro, Telemetry.

The last facility I worked at did not pay overtime for training or meeting hours. We still got paid out base pay, but it was classified differently in payroll and we used a different code for clocking in. HR explained the loophole to overtime pay in orientation but I don't really remember what the reason for getting away with this was.

Most my current facility, all hours are clocked the same way and overtime is overtime no matter the reason.

Up Vote Up Vote ×
The last facility I worked at did not pay overtime for training or meeting hours. We still got paid out base pay, but it was classified differently in payroll and we used a different code for clocking in. HR explained the loophole to overtime pay in orientation but I don't really remember what the reason for getting away with this was.

sounds like you got screwed over. anywhere I've worked if I've been required to show up meaning it was part of my job to be there, then I was being paid and if I was working over 40 hours I got overtime. I think the exception was if it was over 40 one week but less than 40 on the other week of a two-week pay period. so that I didn't work more than 80 in two weeks.

if anyone tried to pull that on me, not paying me for mandatory work hours, I'd be calling the DOL in a heartbeat.

Up Vote Up Vote ×

They've done this before with meetings, classes, etc. Called them "education hours". My schedule this week because of this goes as follows... Monday, Tuesday, Wednesday, Friday, Sunday. No OT for any of it. All 13+ hour shifts. On my training shift because we had a code I actually ended up being there for 16 hours. :sleep:

Up Vote Up Vote ×
The last facility I worked at did not pay overtime for training or meeting hours. We still got paid out base pay, but it was classified differently in payroll and we used a different code for clocking in. HR explained the loophole to overtime pay in orientation but I don't really remember what the reason for getting away with this was.

Most my current facility, all hours are clocked the same way and overtime is overtime no matter the reason.

Yeah, no. Illegal

Up Vote Up Vote ×

I'm currently an office manager and what you are describing sounds like what is called "wage theft". It's illegal. Report it to your HR department.

Up Vote Up Vote ×
Specializes in ICU.

It is federal law that if you are an hourly employee, not salaried, anything over 40 hours worked, time clocked in, is overtime pay. It doesn't matter how they classify it. You need to check the dept of labor website.

That is appalling that you were told that. I would not have even asked because it should be common knowledge of the law if you run a company. Is this a small company? How on earth would an administrator not know the labor laws.

It is against the law. Period.

Up Vote Up Vote ×
Specializes in SICU, trauma, neuro.

I have seen some facilities count OT as over 80 hrs per two weeks. When I worked FT 12 hr shifts I had a cycle of 36 hr week (Tues-Wed-Thurs), 1 week off, and 72 hr week (Mon-Tues-Wed, Fri-Sat-Sun); this is how they avoided paying OT for that 72 hr week.

But if you are still working FT hrs and education besides, that's got to at least be over that minimum standard of 80 hrs per 2 weeks. I'd be taking Extra Pickles' advice.

Up Vote Up Vote ×
Specializes in ICU.
I have seen some facilities count OT as over 80 hrs per two weeks. When I worked FT 12 hr shifts I had a cycle of 36 hr week (Tues-Wed-Thurs), 1 week off, and 72 hr week (Mon-Tues-Wed, Fri-Sat-Sun); this is how they avoided paying OT for that 72 hr week.

But if you are still working FT hrs and education besides, that's got to at least be over that minimum standard of 80 hrs per 2 weeks. I'd be taking Extra Pickles' advice.

That is incorrect. If you are a non-exempt employee, anything over 40 hours in one week, they must pay no less than time and a half. That is the law. Google it. I'm trying to figure out how to show or link it on here.

I used to manage lots of retail stores and am very familiar with labor laws and OSHA.

But it if you actually just google department of labor overtime rule, it pulls right up.

Up Vote Up Vote ×
Specializes in ICU.

attachment.php?attachmentid=22807&stc=1

I I hope this doesn't show up huge.

Up Vote Up Vote ×
Specializes in ICU.

Darn. It did. Sorry.

Up Vote Up Vote ×
+ Join the Discussion