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I thought the days of fueudal peasants was extinct?

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  • I thought the days of fueudal peasants was extinct?

    I work in health care and what the prevailing trend of paying is sickens and infuriates me. They want automated robots that preform perfectly and keep to exactness so that managment can show a profit. Let me explain my point. We get hired for 8hr shifts. So naturally one would epect to recieve 8hrs pay for 8 hrs worked. no the new trend is "we don't pay you for your meal time." So that means they shave thirty minutes off your 8 hrs. So in a 40 hr week you get paid for 37. Which ok not great but then add insult on top of that. You can only punch in 7 min before your shift and are expected to get out no later than 7min after, even if your work is not done , then go back to finish it. If you work past the seven minutes and are still punched in they deduct every minute beyond along with your meal. Some how this does not seem fair to me; and I am sure it is unethical. They claim you must have prior ok to stay late. How do we know at start or even middle of shift that we will run out of time to write detailed nurse notes and make sure all the I's and T's are crossed and dotted. There is no way to prevent any of the interuptions that occur on a tour of duty all of which need to be handled as part of the job. Spending time teaching and answering questions, doing and documenting any treatments; plus other paper work that is required today; along with just tending to the patients. This all requires time and should be compensated.
    My question is how can they legally get away with not paying us for time beyond the 7 mintues? None of us deliberately punch out late, nor does it mean we do not know how to set priorities and manage our time effectively .
    Call me 'a PESANT on the new FEUDAL lands!

  • #2
    Federal law in this area is the Fair Labor Standards Act (FLSA). This law has passed in the 1930s, and it in part codified rules from the older American and English Common Law.
    - Under FLSA, all employees are legally either Exempt (no legal requirement of paid overtime) or Non-Exempt (right to paid overtime for hours worked past 40 in the work week). Exempt employees are not paid based on actual hours worked and none of the issues you raised are those affecting an Exempt employee. I am assuming that you are a Non-Exmept employee who actually is effected by this issues.
    - There mostly was never any legal requirement that employees be paid for meals (a few narrow exceptions exist). I have never worked for an employer who paid employees to eat lunch. The related rules can be found at:
    http://www.dol.gov/dol/topic/workhours/breaks.htm
    - Non-Exempt employees are paid based on actual hours worked. There is an exception for rounding, but based on what you have said your employer does not seem to be correctly following the rules. An employer can legally fire an employee for working unathorized overtime but the employer cannot fail to pay overtime hours worked. You need to look at the rules on both of the following websites:
    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.48.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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