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med tech woes Kentucky

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  • med tech woes Kentucky

    Originally posted by Pattymd View Post
    You're asking about breaks. You really should have started your own thread instead of tacking your question on to a thread that's over 7 months old and is on a different subject.

    Here are the laws in Kentucky re: breaks and meal periods.

    A med tech is likely to be nonexempt, as you do not actually practice medicine, such as a physician does. Having said that, however, and although the law does not state so, there are also often exceptions to the rest break and meal period laws (in some states) for jobs/situations where you are the only person on duty doing your particular job. This would require you be paid for all the time worked.

    I'm confused, however, how not being able to leave the premises results in not getting a break. Are you subject to call during your break/meal period if you are needed? Kentucky law does not, to my knowledge, prohibit the employer from requiring you to stay on the premises.

    You can certainly contact the KY DOL if you want to.
    wow thanks for fast response!!

    Sorry about the old thread, first time post. Yes I took my pager with me and was written up by my employer. Then when I drove around to the ER on my break to show my friends my new Tahoe, that was treated as a serious infraction I am required to be available at all times via phone, pager, etc.

    BTW I'm trying to figure out where I need to call, go to, etc. to file a complaint. This only occurs with lab and respiratory, which are under the same manager.

  • #2
    medtech woes in kentucky

    In addition to the above post, there is no documentation in the handout or in laboratory policy that you are not allowed to leave the premises. The other techs do it when another one is there (there are 3-4 techs on duty during dayshift) and phlebotomists leave as well. I was only reprimanded after starting my employment.

    Also we have no break room and the only way you get to eat is if you bring it or get it out of the vending machine since it's now not allowable to leave.


    • #3
      Copied from the other thread, to make things a bit easier to understand.

      Originally posted by medtechmomma View Post
      I am a medtech in kentucky and have been cited for leaving premises during my break, and eventually resulted in my not getting one at all. I work at a small hospital and am the only medtech for my entire 12 hour shift. I'm confused as to whether this is against the law. I am paid by the hour, but have a BS in Medical Technology, so I thought that classified me as a professional in an exempt category. I'm considering contacting ky labor board unless someone can tell me whether this is legal or not. Me leaving to get something to eat started a process of bogus write-ups and resulted in my termination.

      Thanks for any help!
      Re-read what Patty said. Kentucky laws require breaks and meal periods, but the employer can require you to stay on the premises even when you are on an unpaid break.

      If the problem of not getting breaks is limited to when you are working for one particular department, you should be able to complain to your HR Department.

      Or you could contact the State of Kentucky

      Division of Employment Standards, Apprenticeship and Training
      1047 US HWY 127 S
      Suite 4
      Frankfort, KY 40601

      Phone: 502-564-3070
      Fax: 502-564-2248
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


      • #4
        medtech woes update

        Thought I'd update on my issue with my hospital. I received contact from KY DOL and they will investigate, but told me not much chance of winning. They were fighting my unemployment but got a letter stating that their reasons for firing me did not disqualify me for unemployment. Should I continue with a lawyer if the dol cannot prove anything or just let it go? I know she has been slandering me and employees there still do not get their breaks properly. I've already moved on to another job, but i think I should get paid for all the breaks they automatically deducted, that I didn't get.

        medtech in ky


        • #5
          And you certainly are entitled to be paid for ALL hours worked. If you were not afforded a break, that is time worked and is compensable by law. Do not delay in filing a claim for unpaid wages for all hours owed to you as there are SOL's to take into consideration.

          Good Luck to You.


          • #6
            medtech woes update

            That is what I think as well, however the investigator that called me said it would be difficult to prove I did or did not get breaks every shift. The lab has a policy to write down when you didn't get breaks in this log book, so that you don't get it docked from you. I was under the impression I only needed to do this, when it was so busy I didn't even get to sit down for more than a few minutes, otherwise I would have written it down every shift for the past year and a half. I didn't want to make waves and make it seem that I was the only one, but the log book was full even on days when there was 3 people there, so breaks obviously were not an issue that was addressed. I know for a fact that the manager would be there during the day and would not come a relieve employees so they could get their breaks. It was only pointed out to me recently that my 30 min break is supposed to be completely uninterrupted. What brought this to a head was when she wrote me up for driving around to ER and back.

            oh well, just not sure what i should do


            ps anyone recommend a good lawyer in ky? near bowling green? There's so many and my sis, though a lawyer, can only practice in North Carolina.


            • #7

              Originally posted by BnThrDnTht View Post
              And you certainly are entitled to be paid for ALL hours worked. If you were not afforded a break, that is time worked and is compensable by law. Do not delay in filing a claim for unpaid wages for all hours owed to you as there are SOL's to take into consideration.

              Good Luck to You.
              It's only been about a month, and when I asked for my employee record, they said I couldn't have a copy. I thought I had a sol when I could request this, which was denied by hr.


              • #8
                Winning unemployment benefits does not make the termination illegal. The vast majority of people collecting unemployment were legally terminated.

                Kentucky law does not require them to provide you with access to your personnel file.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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