Hello
I work for a large Medical Group in NYC..
I work 8 hours which 45 minutes is for lunch
I get paid for 7.25 hours per day..
We now have to ask permission to work anytime
over the 7.25 hours to avoid any extra cost to the
company..If I work till 3:00pm w/o permission, they
will go into the computer and change my time back to
2:30pm the time I was suppose to leave..
We have an electronic payroll system ADP..
Which we punch in and out to register our time..

Please let me kow is they are allowed to do this..

THank you,
Blanche

No, they're not. If you work till 3:00, they have to pay you till 3:00.

BUT they can fire you for working overtime without permission.

Hello
I work for a large Medical Group in NYC..
I work 8 hours which 45 minutes is for lunch
I get paid for 7.25 hours per day..
We now have to ask permission to work anytime
over the 7.25 hours to avoid any extra cost to the
company..If I work till 3:00pm w/o permission, they
will go into the computer and change my time back to
2:30pm the time I was suppose to leave..
We have an electronic payroll system ADP..
Which we punch in and out to register our time..

Please let me kow is they are allowed to do this..

THank you,
Blanche

No, it's not legal, however, it would be legal to just fire you for working more than allowed.

I would suggest not working extra w/o permission. :)

No, it's not legal, however, it would be legal to just fire you for working more than allowed.

I would suggest not working extra w/o permission. :)


Thanks for the advice..I don't work overtime on purpose..
it's never more than an hour, we just are busy or short handed
and the time gets away from me..

Thanks for the advice..I don't work overtime on purpose..
it's never more than an hour, we just are busy or short handed
and the time gets away from me..

Never meant to suggest you did it on purpose.

Maybe you could get a little battery powered alarm clock for your desk. Set it to go off at 2:20 to give yourself time to wrap things up, or go see if they want you to stay longer to finish what you're working on.

Not trying to be a smart-***, I'm with you on the whole getting lost in things, but I also know if I had an employee I told to leave at 2:30 staying until 3, well, we would have words. :)

Never meant to suggest you did it on purpose.

Maybe you could get a little battery powered alarm clock for your desk. Set it to go off at 2:20 to give yourself time to wrap things up, or go see if they want you to stay longer to finish what you're working on.

Not trying to be a smart-***, I'm with you on the whole getting lost in things, but I also know if I had an employee I told to leave at 2:30 staying until 3, well, we would have words. :)

No Thank you!! A lawyer told me it wasn't legal for them to
do that, but never mentioned that I could be fired!!
I'm gratefull you told me..
It's not even about the money..I don't work pass the time
for that reason..I want to finish up before I leave..
It's just the idea that they do things w/o our knowing it..

No Thank you!! A lawyer told me it wasn't legal for them to
do that, but never mentioned that I could be fired!!
I'm gratefull you told me..
It's not even about the money..I don't work pass the time
for that reason..I want to finish up before I leave..
It's just the idea that they do things w/o our knowing it..

One thing I didn't mention is I'm a Nurse and I assist with GI procedures..
If I'm in the middle of a procedure, I can't leave to ask permission to
work OT..After I've already done it , it's too late

That being the case, you should then ask for permission before starting the procedure. You won't know exactly how long the procedure will go, but you can draw from your clinical experience as to what kind of time frame these procedures take in a best-case and worst-case scenario.

That will likely mean that there are times when you will get permission to work past 2:30 but then you won't actually need it because your procedure went smooth In that case you should follow up immediately with your admin to show that the procedure went smoothly and that you did not need to work past 2:30 that day.

wouldn't a Nurse be exempt from overtime?

Not always. If she is paid hourly then OT applies.

The FLSA exemption for Professionals states that for the Practice of Law or Medicine

An employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine.

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17d_professional.pdf
page 3

Does that not rule out a hourly exemption?

There is a specific factsheet for RNs that says "Registered nurses who are paid on an hourly basis should receive overtime pay."
Federal RN rules (http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17n_nurses.pdf)

I am pretty sure that the other generic Professional factsheet you are quoting is referencing rules specific to doctors and lawyers only. While I am in agreement that the factsheet could be more clearly worded, the regulations and actual law are clear on this point.

wouldn't a Nurse be exempt from overtime?

Also, under federal rules (FLSA) not all nurses all the same. There is basically one set of rules for RNs and a different set of rules for all other nurses. There are a lot of DOL factsheets and it is important to use the one that mostly narrowly applies to the situation.

You also never have to treat an employee as exempt. You can pay the CEO as nonexempt if you like. Since the employee is being paid hourly it doesn't matter if the employer could have classified her as exempt or not.

True, but a doctor can either be paid Hourly Exempt (no overtime premium) or Hourly Non-Exempt (overtime premium required) but a nurse if paid hourly must be Non-Exempt (overtime premium required). Not all Hourly employees are Non-Exempt, just most of them. Hourly and salaried are just payment methods and do not necessarily say anything about the Exempt status.

Right but in this case we are talking about a nurse, so I'm trying to keep it simple. If this employee is being paid hourly, she is nonexempt, no question.