I'm a RN at a hospital in colorado. During my orientation period, I was told that I needed to complete an online critical care program on my computer at home on my own time. I was told I would be expected to complete 4 to 8 hours a week of the program, which would take about 6 months total. My boss could track how much time I was spending on the program, and could even "see" on her computer at work in "real time" when I was online with the program and when I was not. When she saw I was not online, she would call me at home and tell me I needed to be doing it.
The pay to be received for completion of the program: less than my regular hourly wage. And, I would recieve it in 2 lump sums when I finished the entire program-- the first half 6 month after my orientation started, then the second half in another 6 months (which I would only get if still employed at that job).
I had problems with the program. My Educator (the person in charge of this program) had me disable my wireless network's security system (the only way to get to the testing portion of the program), and somehow my wireless internet stopped connecting with my computer. My husband got so angry that I couldn't fix it that he bought a new computer and I spent the next day or so figuring out how to get the new computer on the wireless system. My husband said "no more of this program at home on my computer"! My supervisor knew all about my computer problem and expected me to drive 25 minutes to the hospital on my days off and do the program on the hospital computers in the library.
When I requested to come in and clock in to do the program, my request was denied. But, all the new hires from there on out were scheduled to come into the hospital and clock in as part of their orientation time to do the program. One of them told me it was because I "couldn't be trusted to do what I was supposed to do at home". I have never finished the training, although all the other new nurses have done so on hospital time. It was brought up to me that I hadn't completed the program in my preformance evaluation and that I had to have it finished by December 1st.
Is it in violation of Colorado's labor laws to make me do this work at home for a lump sum when and if I finish it, while others are allowed to do it on the clock and get paid for the actual hours they are putting in? I feel this is unfair treatment, but I also fear getting fired for not doing it.

Are you exempt or nonexempt? RNs CAN be classified as exempt employees. And is this training required by the state licensing agency or only by the employer?

Hi, thanks for answering. I am a non-exempt employee of the hospital. The certification received in this training is not required by the state. As a matter of fact, it is not even requested by the hospital. The only people required to complete this training are the new graduate RNs that were hired along with me and those who were hired after me. The program was the brainchild of our two nursing educators.

If it's required, it's compensable, no matter where the work is done.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.27.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.12.htm

However, unless the decision as to who must complete it (and who must not) is based on a protected characteristic, such as your race, gender, age, religion, etc., it is not discriminatory.

Why do they say they are not going to pay? I'd like to hear their reasoning, see if it has any legs.

However, it is entirely legal to pay you at a lower hourly wage for this training time. The fact that you can't do it at home and have to drive into work to use their computers isn't your employer's problem. If it is required, you need to do it. How you get paid for it is a totally separate matter.

So, it is fine legally that every person going through this program is getting paid an hourly wage to do it, whether or not they complete the program in it's entirety, but I am not. I am only going to get paid a lump sum--1/2 6 months after I have completed the program, the other half 6 months after the first half is paid. I don't understand. What happened to wages for hours worked? And the fact that doing this work during my time off period, on top of the full-time hours I work, while the others have this work time included into their regular work hours just seems wrong. I don't believe any person could not see that this is unfair treatment. But, I guess we're not really protected from that by our legal system, are we? And since this hospital is "the only game in town", I should just suck it up and do what they say. I feel helpless.

Why are you the only person in the entire hospital being handled differently?

I don't know. That is my big problem. Other nurses that were hired at the same time as me got the same treatment but didn't fight it. They just did as they were told for fear of repercussions. Everyone hired after the group that was hired with me were given the "new rules" where they got paid an hourly wage. But, I'm the only one left from my group of new hires that hasn't completed the orientation program. And, management just won't allow me to get that hourly wage that they are now giving everyone else.

This isn't going on throughout the entire hospital. This orientation program is for critical care nurses only, and it is run by the management of critical care services (we have 3 ICUs).

They cannot "wait" to pay you. My suggestion is to record the hours you spend on your time card/report (and keep separate personal records at home). If you do not receive the pay for this time, file a claim for unpaid wages with the state Dept. of Labor.

Thank you Patty and Elle. I appreciate your time and suggestions.


Gina