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  • Need some advice Missouri

    I work as a night laundry attendant in a nursing home. The nursing home is filled to capacity + or - 1 or 2 residents. The question is, I am often working off the clock to get my work done due to not having enough hours to do my job. We cannot stay on the clock and finish or we get in trouble, but if we leave things we get into trouble too, and will have to finish it later. Tonight, for example, My shift starts at 7:30pm and ends at 12:00am, and I did not get out of there until 3:00 am We also have to take a half an hour break which I never get. I often work anywhere from 1 1/2-3 hours past my shift to get my work done. I have told my boss that there is no way to do it with-in these hours but she will not listen, so what should I do?

    Thanks
    Last edited by angelinmo; 02-10-2010, 02:51 AM.

  • #2
    So, what exactly did the boss say?

    You must be paid for all hours worked, including working through a scheduled meal period.

    Unfortunately, Missouri does not have a Wage Collection Law, but if you call them as suggested here, they can give you some suggestions. What I can say is that you can either file an unpaid wage claim with the federal Dept. of Labor or file a civil claim (small claims might work if the amount is not overly larger) in the Missouri courts.
    http://www.dolir.mo.gov/ls/faq/faq_general.htm

    In the meantime, until you can find another job where the employer complies with basic wage and hour laws, keep at home a record of your actual time worked, not with the employer's equipment or on the employer's time. And start trying to reconstruct to the best of your recollection the hours actually worked in the past (I'm assuming your time card/record at the employer does not accurately reflect your hours). This will bolster your claim when you do make it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      You work until your shift is over, and let the boss decide to hire another person to help.

      Your working for free will not get them to change.

      Or you can do it Patty's way. Personally I would let the boss work a shift or two to figure out that they are being unreasonable.

      Comment


      • #4
        Originally posted by GotSmart View Post
        Personally I would let the boss work a shift or two to figure out that they are being unreasonable.
        The problem with that is that I have worked for bosses who considered them being unreasonable to be a good thing. Sort of like part of their job description. I had one boss who told me that I was never going to get promoted into his job because I was not a big enough a****** to do his job. We both thought that this was a good thing.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          I'm with GotSmart, there is no reason you should be working off the clock, now there is one factor that perhaps we haven't considered...at what capacity are you working? If it is 50% then that answers your time limitations, whereas if you are working at full capacity then your boss needs to figure something else out.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            The reason is that refusing to work the required hours could get the employee fired, legally. The OP has recourse for her wages and she should, IMHO, take them.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Agree with Patty. OP could be disciplined up to & including being fired for not working the required hrs.

              She needs to continue working for current employer until she finds another job. She should file a wage claim as suggested previously. (with fed. DOL or a court action)
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                The question is, was the OP told to:

                1. get the job done

                OR

                2. no overtime.

                or

                3. both

                My guess is #3

                So the answer from the professionals here is to #1 and keep track of the overtime so the employer can be sued?

                Comment


                • #9
                  Originally posted by GotSmart View Post
                  The question is, was the OP told to:

                  1. get the job done

                  OR

                  2. no overtime.

                  or

                  3. both

                  My guess is #3

                  So the answer from the professionals here is to #1 and keep track of the overtime so the employer can be sued?
                  Yeah, pretty much (or a claim filed with the federal DOL).

                  Having said that, though, OP I have another question for you. In order to "get it done", would you actually have to work over 40 hours in a workweek? Or just past your regularly scheduled hours? Right now, you're only working 4.5 hrs per day, right?
                  Last edited by Pattymd; 02-11-2010, 08:13 AM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    OP, please answer the above 3 questions. Also, just to verify (seems so per your post) any "extra" hrs. you work are worked off the clock & you're not getting paid for them - correct? Thanks.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Originally posted by Pattymd View Post

                      The boss thinks that we can get the job done in 4 1/2 hours minus the 1/2 an hour break. Thanks for responding

                      So, what exactly did the boss say?

                      You must be paid for all hours worked, including working through a scheduled meal period.

                      Unfortunately, Missouri does not have a Wage Collection Law, but if you call them as suggested here, they can give you some suggestions. What I can say is that you can either file an unpaid wage claim with the federal Dept. of Labor or file a civil claim (small claims might work if the amount is not overly larger) in the Missouri courts.
                      http://www.dolir.mo.gov/ls/faq/faq_general.htm

                      In the meantime, until you can find another job where the employer complies with basic wage and hour laws, keep at home a record of your actual time worked, not with the employer's equipment or on the employer's time. And start trying to reconstruct to the best of your recollection the hours actually worked in the past (I'm assuming your time card/record at the employer does not accurately reflect your hours). This will bolster your claim when you do make it.

                      Comment


                      • #12
                        Just an Idea of what we have to do there.

                        In order to get my job done I need 6 1/2 hours a night to do everything we are asked to do. I am only getting paid for 4 hours and have to clock out for my half an hour break, which I never get. In the 4 hours time, we are suppose to do linen and the usual towels and wash cloths, Pads, and the residents clothes and clean 2 dining rooms, and I forgot to mention that the nursing home has 38 residents in it right now. To do laundry for a family of 4 takes 3- 4 hours at a laundry matt, so I am wondering what the HE double hockey sticks she is thinking.
                        On the 3 questions,
                        1. I have to get the work done,
                        2. I cannot stay on the clock and do it, or I will get into trouble,
                        3. and 3 is both.
                        Thank you for responding.
                        Laurie

                        Comment


                        • #13
                          Ok, then I would handle as Patty suggested in post #2 above.
                          (If you would ever work over 40 hrs. in a work week, you would also be entitled to overtime.)
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment

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