New Boss..Staff regularly work OT due to patient acuity etc..New boss states OT will only be paid if she has given approval for it. It's generally not approved,but because we will not sacrifice patient care, we stay til completed with work etc, but are unpaid..Can lack of her approval truely denies us of OT??

Assuming you are a nonexempt employee who is legally entitled to overtime pay, no.

If you are a licensed health-care professional, contact your licensing board to determine your liability were you to leave at the end of your shift.

You can file a claim for the unpaid overtime with the state Dept. of Labor.

Agreed. Unapproved overtime generally must be paid, although the employer can generally terminate an employee for working unapproved overtime.

http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Thanks for the info..So I see it says an "announcement by the employer (I take it this can mean nursing supervisor also?) that no overtime will be permitted or that overtime worked will not be paid unless authorized in advance, will not impair the employee's right to compensation for compensable overtime hours that are worked.."

SO I do have the ability to write down my overtime, despite her statements if it isn't approved you won't be paid, and it should be compensated..

I didn't understand the part about being fired tho for working unpaid overtime?? So if I don't leave my patient and work unpaid, I risk being fired; but if I do leave the patient I risk being brought to the nursing board for abandonment??
Thanks

I didn't understand the part about being fired tho for working unpaid overtime?? So if I don't leave my patient and work unpaid, I risk being fired; but if I do leave the patient I risk being brought to the nursing board for abandonment??
Thanks

Unfortunately we are talking about two very different laws. FLSA is federal law where the overtime rules are. FLSA is very clear that overtime almost always must be paid when worked. This is black letter law, extremely well decided over the years, and your employer arguing this is pretty much the same thing as your employer arguing that the "Earth is Flat". If you file a wage claim for unpaid overtime it is very likely that you will win.

However, not all law is FLSA, and the FLSA say nothing about termination. That is an entirely unrelated set of laws as are any nursing board rules. This is a set of law that I am not qualified to address. Termination law and the unrelated nursing board rules are state law issues, legally unrelated to the federal FLSA law. Perhaps someone else will care to respond.

Love the Earth is flat argument..Makes it very simple to understand..I wouldn't abandon my patient, so being terminated by the nursing board wouldn't be my concern..But nurses all the time, I'm sure, stay over to maintain patient safety/care etc, whether paid for it or not..So the overtime without being paid would be my concern..Termination for helping out a patient for free, seems to contradict itself..

Thanks!!

For your info...

785.13 Duty of management.

In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.13.htm

Hi..I've looked up promulgate in the dictionary, but I still can't quite figure out what this duty says??
Is it that management can say they won't apprve overtime and do all they can to not approve it?? But if staff are working overtime anyways it must be paid??

The problem here right now is that DAW mistakenly typed unpaid overtime when he meant unapproved overtime.

If you work overtime, it must be paid. Period.

As far as the law is concerned, if you work unAPPROVED overtime, it must be paid, but you can legally be fired.

The problem here right now is that DAW mistakenly typed unpaid overtime when he meant unapproved overtime.

If you work overtime, it must be paid. Period.

As far as the law is concerned, if you work unAPPROVED overtime, it must be paid, but you can legally be fired.

Agreed, and good catch.

Thanks all for the wonderful information and help..So it seems things won't change unfortunately..Nursing will continue to advocate for their patients, and stay without pay..When you here about unsafe staffing levels etc, it's not because the bedside nurses want it this way..It's a wonder there's a nurisng shortage..Thanks again!!