Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Baylor pay taken away Arizona

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Baylor pay taken away Arizona

    We are non-exempt employee's in AZ. Medical field. We work 2 doubles on Sat. and Sun. and are compensated with a 40 hour pay. A year and a half later for me anyway the company states they are stopping the Baylor for medical nurses. After we have pulled them out of Immediate Jeapordy. Is this legal as they have a track record for paying this bonus and the bonus is used to pay bills ect.

  • #2
    What is Baylor pay?

    Arizona does not generally require time and a half to be paid for working anything less than 40 hours in a work week. If they have industry specific exceptions to the general rule, I am not aware of them.

    Federal law allows some healthcare facilities to pay overtime based upon work over 80 hours in a two week period (rather than 40 in a single work week), so long as overtime is paid after 8 hours work in a day.

    Given two 16 hour work days, that provision would give you 40 hours of pay for working 32 hours.

    Assuming this is the case, I know of no barrier for the employer to change to the more traditional way of paying (no daily time and a half).

    If your pay fails to meet your needs to pay the bills, find another job or cut your expenses.
    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.

    Comment


    • #3
      baylor pay

      Baylor pay is common in the medical field. It is not time and half. It is pay based on 32 hours of work for weekends. Double shifts. Getting another job is very easy, that is not the point here. It was a promised lure to nurses to get them into a failing facility. They are not cutting hours they are taking away pay.

      Comment


      • #4
        A Baylor plan is a wierd *******ized version of an alternate work week used when the usual weekend pay differentials can't get those shifts staffed. It's all dealt with in 38 USC 7456A. Way outside our usual FLSA Title 29 haunts.

        In short, you work 36 hrs on the weekend and get paid for 40. There are different rules for overtime and differential pay. As well as funky interactions with non-Baylor hours.

        As far as I know, Baylor plans are optional. I know it sucks, but make hay while the sun shines blah-blah-blah feast or famine blahblah...

        Are you still getting your weekend etc differentials?

        Comment


        • #5
          Originally posted by aznurses View Post
          Baylor pay is common in the medical field. It is not time and half. It is pay based on 32 hours of work for weekends. Double shifts. Getting another job is very easy, that is not the point here. It was a promised lure to nurses to get them into a failing facility. They are not cutting hours they are taking away pay.
          Taking away pay...

          In the sense that they were getting a premium based on their "regular rate" of pay, and now they are not getting it anymore. I don't think there is anything to be done, except for finding another baylor job.


          Any recourse I am unaware of?

          Comment


          • #6
            baylor

            Thanks for the reply, will keep an eye on this thread and my email. I just want to know, with thier promise of pay if what they are doing is legal. Yes this will be the last weekend of baylor pay at this facility.

            Comment


            • #7
              Sounds perfectly legal to me, unless there is an employment contract or CBA that requires the additional pay. The employer is doing more than the law requires and (short of the above) they are certainly permitted to "take away" the premium if they choose.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by aznurses View Post
                if what they are doing is legal
                Thought I indicated it is.

                Look at it this way -- the company can cut pay, benefits, hours with few legal barriers if there is no contract in place.

                It does not matter that they used the pay as a means of getting folks to work there. They are choosing to take away the incentive and must be willing to run the risk of losing employees as a result.
                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.

                Comment


                • #9
                  Originally posted by Pattymd View Post
                  Sounds perfectly legal to me, unless there is an employment contract or CBA that requires the additional pay. The employer is doing more than the law requires and (short of the above) they are certainly permitted to "take away" the premium if they choose.
                  Actually, Baylor pay is the bare minimum that the law requires for working certain shifts. It's not really my field, but Baylor plans might be required if there is a staffing crisis.

                  Comment


                  • #10
                    The law or regulations as the case may be, only apply to those working in the public or military sectors. Even then it isn't mandatory but how it is handled is governed by regulation. There is no legal requirement for others to pay more than the number of hours worked or provide a premium for working weekends.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      If the OP weren't working in the public or military sector, then we wouldn't be talking about Baylor plans. I'm reaching the limit of my knowledge in this area, so I probally can't keep up with you... I was unable to find any regulations regarding this in the CFR, I'd appreciate any sources. The use of a Baylor plan might be legally required at certain facilities by rule or reg if they are in "Immediate Jeopardy" (IJ means different things depending who's investigating the hospital).

                      I would say that 38 USC 7453 requires premium pay for weekends, nights, and holidays. These apply at least to those working at federal facilities.

                      To add to the confusion some CBA's seem to be adopting modified Baylor plans.

                      Comment


                      • #12
                        Having many family members in the medical field, I know that while they may not be true Baylor plans, many facilities use the term to refer to any similar situation, whether a government employer or not. It is a way to encourage employees to work the weekend shifts which are least desireable and hardest to fill.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X