Unwritten "No Overtime" Policy California

[the_alchemist]

From the start of my orientation I was told by the regular staff that "this company does not give OT pay," someone even showed me her paycheck and sure indeed there was no OT pay. I work in a Skilled Nursing Facility with an average of 33 residents (maximum 39) -- which i am not eve sure if that's legal as to the ratio of patients per nurse -- and after giving meds and providing all their other nursing needs, then I get to do my charting on at least 18 of them and all other things I need to get done 'during' my shift. I would endorse to the next staff those that I am unable to do but I had been trying to avoid that since I know the feeling of being left with endorsements (I get endorsements from the previous shift as well). For the first time in 3 months did I ask for OT pay because of very high workload (I got 37 patients with complicated medical histories and require thorough nursing care). When I mentioned that as my reason for working OT, the administrator's eyes rolled and embarrassed me in front of a new employee. I had been getting very good feedback from my nursing superiors and that everyone could see all my hard work. I barely even get a chance to take breaks and I make sure I do not waste any second. The only chance that I get to sit down at the Nurses Station is when I take phone calls. Most of my time is spent in bedside care.

Some concerns on this:

1. Is it legal that they take 30 mins off my time for "lunch" even if i didn't?

2. They never show us the time card until we make complaints after receiving our paycheck and find out that we're receiving less than we're supposed to get (and this happens very often)

3. It is unclear what the reasons for OT could be. In a health care setting a lot of unexpected things can happen which can truly affect your performance (may not be the right word) at work, that would cause you so stay longer

4. There was a time when I requested OT for 3 consecutive nights that I worked because I left 3hrs beyond my time (due to very high work load and a couple of incidents), however they give us a maximum of only 1 hr OT per shift worked (not to mention, during the meeting the administrator said something about overtime that they are watching it closely because it makes them think that an employee might be inefficient). Like I said, all the regular staff told me that "this company does not give OT" and I do see them leave late, little did I know that they clock out on time and finish their remaining work. (now, is that legal?)

please shed light on my concerns. Thank you!

[mcarson87]

Originally Posted by the_alchemist

1. Is it legal that they take 30 mins off my time for "lunch" even if i didn't?

The answer to this is an unambiguous NO.

Originally Posted by the_alchemist

2. They never show us the time card until we make complaints after receiving our paycheck and find out that we're receiving less than we're supposed to get (and this happens very often)

Keep track of the hours you work. Continue to bring it up with management if there are discrepancies in your pay.

Originally Posted by the_alchemist

3. It is unclear what the reasons for OT could be. In a health care setting a lot of unexpected things can happen which can truly affect your performance (may not be the right word) at work, that would cause you so stay longer

Reasons for you working overtime, notwithstanding, you should be paid at the overtime rate for any overtime hours you work.

Originally Posted by the_alchemist

4. There was a time when I requested OT for 3 consecutive nights that I worked because I left 3hrs beyond my time (due to very high work load and a couple of incidents), however they give us a maximum of only 1 hr OT per shift worked (not to mention, during the meeting the administrator said something about overtime that they are watching it closely because it makes them think that an employee might be inefficient). Like I said, all the regular staff told me that "this company does not give OT" and I do see them leave late, little did I know that they clock out on time and finish their remaining work. (now, is that legal?)

"Off the clock" work is still compensable and employees punching out and continuing to work, does nothing to change the fact that they must be paid for all hours worked.