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RN and Exempt/Salaried but paid hourly???? Oregon

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  • RN and Exempt/Salaried but paid hourly???? Oregon

    I am a RN that works in a specialty area for a hospital; not really considered a bedside nurse but I do have much patient contact. I am scheduled for 72 hrs a pp; paid a dollar amt. per hour and scheduled days off. We have a monthly meeting and one of us usually has to come in extra. It is my understanding that as an exempt employee, that any time required to be at work is considered a work day no matter how long we are here. Right now I am not being compensated for this time, cannot leave town or have a private day to myself because of this meeting. There are 3 of us in our department; two of us are exempt/salaried and one is non-exempt/hourly. The last one is also in the union. She either gets paid extra or will shave time off another day. Either way, she is compensated. Incidentally, all of us share the same job duties but different (only slightly) job descriptions. Neither one of us is a "manager". My question: do they have to compensate me for coming in on my day off?

  • #2
    If you are truly Exempt Salaried, then no Exempt Salaried employee for any reason ever has to be paid additional money past their salary.

    http://www.dol.gov/esa/whd/regs/comp...17n_nurses.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Hmmmm?

      I do meet the requirements of the "learned professional" employee. However, since we have a union at our hospital; most of the nurses do belong & they have their own rules to govern pay. I am not a member nor am I able to be in the bargaining unit because of my job description as I am seen as a quasi-management person. My co-worker and I do the exact same job and she is in the bargaining unit; difference being as one of usis seen as a bedside nurse and I am not. Also, I do have an hourly rate but set hours per pay period of which I am paid. So, what do you mean by truly being exempt/salaried? I really don't mind being salaried but I really want a real day off and be off when I'm off.

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      • #4
        Originally posted by losbozos View Post
        So, what do you mean by truly being exempt/salaried? I really don't mind being salaried but I really want a real day off and be off when I'm off.
        What I mean by by "truly exempt/salaried" is someone who both meets one of the many FLSA definitions for Exempt employees and who also is paid on a Salaried basis under the 29 CFR 541.xxx rules and whom if they filed a wage claim that they were not Exempt that the government would not agree with them (that is my definition of "truly" - not what I think, or you think or the employee thinks, or some lawyer thinks, but what a judge or ALJ would think if required to form an opinion).

        Regarding the day off, so does everyone else. If is more or less legal under federal law to have pretty much any employee work 24/7/365. It is not physically possible to work such hours but it is mostly legal under federal and state law. There are some exceptions such as airline pilots and long haul truckers and minor children employees. There are some states with slight rules in this area. But there is no federal or state law that says an employee is due days off solely because they are Exempt. All Exempt and Non-Exempt mean is how you pay someone, not how many hours they can be made to work.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          In some states, there is a limit to the hours that can be worked by certain nurses, though. Contact your licensing board and ask them that question.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Just so I understand

            OK, not trying to be difficult but I have one more question. So, I'm a salaried but hourly paid nurse w/ scheduled days per pay period to work and to be off. If I am asked to come in on my day off (for a meeting of all things), that doesn't count outside my scheduled time of duty? I am scheduled & paid for 72 hrs/pp with scheduled days off. If the boss decides to have a meeting at the last minuted, am I just donating my time or can I get paid for another day? I do get time and a half for working a holiday but the other salaried people don't (like office mgt) if I happen to work on a holiday. But, most of the other salaried employees don't work on a holiday.

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            • #7
              Originally posted by losbozos View Post
              So, I'm a salaried but hourly paid
              No such thing. Salaried is a payment method. Hourly is a different payment method. Federal law is very clear that Salaried and Hourly are legally unrelated payment methods.

              Some people try to confuse "salaried" and "exempt". Perhaps that is what you are trying to do. The FLSA factsheet I cited was very clear that these are different concepts, as is "hourly".

              Originally posted by losbozos View Post
              If I am asked to come in on my day off (for a meeting of all things), that doesn't count outside my scheduled time of duty? I am scheduled & paid for 72 hrs/pp with scheduled days off.
              I guess, but the law does not actually care about schedules, which was why that was not discussed in the factsheet.

              Originally posted by losbozos View Post
              If the boss decides to have a meeting at the last minuted, am I just donating my time or can I get paid for another day?
              This is a "that depends" type of question.
              - If you are talking about Exempt Salaried employees, then this class of employee never, ever has a legal right to additional compensation for any reason.
              - If you are talking about Non-Exempt Hourly employees, then they are paid based on actually hours worked, including meetings.
              - If you are talking about Non-Exempt employees paid on a basis other then Hourly, it can get complicated. This class of employee must be paid overtime for hours actually worked past 40 in the workweek, but the rules for base pay vary somewhat based on the actual payment method being used.
              - If you are talking about Exempt Hourly, then you would be paid based on actual hours worked.

              Originally posted by losbozos View Post
              But, most of the other salaried employees don't work on a holiday.
              Really. I am Exempt Salaried and I have worked many holidays.

              At the risk of stating the obvious, you keep stating the word "salaried" like it means something. Mostly it does not. Exempt employees paid on a Salaried basis have very different rules legally then Non-Exempt employees paid on a Salaried basis. The exempt status is always the "dog" while the payment method at best is the "tail". Your question in worded in such a way to try to make the tail wag the dog.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                This is what Oregon says about registered nurses per my reference: Hospitals must adopt written staffing plans and must make every reasonable effort to obtain registered nurses for unfilled hours or shifts before requiring registered nurses to work overtime. Except in emergencies or when reasonable efforts to obtain replacements fail, hospitals cannot require registered nurses to work beyond the agreed upon shift, or more than 48 hours in any hospital defined workweek, or more than 12 consecutive hours in a 24-hour time period; Sect 441.160 to 441.170, as amended by H.B. 2800, L. 2005, effective January 1, 2006.
                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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                • #9
                  The true answer to your question is being missed by the respondents. The question is, is your position truly exempt. Just because the hospital classifes you that way doesn't mean it's correct.

                  You say there is a similar position in the union that's non-exempt. Then why aren't you classified the same? Many companies classify positions as exempt simply to avoid paying O/T and other addt'l payments, which is illegal. but most staffers are unaware of this. you should ask your boss or HR why two similar positions are classifed differently (and "because one is in the union" is not a sufficient answer).
                  Positions must be classifed based solely on job content, not where they reside.

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                  • #10
                    RNs whose primary duties are patient care meet the criteria.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      True, but positions with the RN title may not always meet the exempt criteria. A case is before the courts now (See Ruggles
                      v. WellPoint, Inc., No. 08-cv-00201.) that speaks to this issue.

                      Not saying this person isn't exempt, but thee are times when the title and responsibilities don't match (i.e. she may be a licensed RN but not performing RN functions). So my first step is to always make sure the classification is correct, then proceed with the other pay issues.

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                      • #12
                        Well, considering the OP hasn't been back for nearly two months, it's likely the issue has been resolved already.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          I have returned

                          I think management took a closer look at this. First, they decided that the only non-exempt person had to become exempt. The only way she could keep her union status was to do a fe extra non-exempt shifts per month. All this was done after a change in the job description. However, that wouldn't fly because of a rule that an exempt employee (RN) could not practice in a non-exempt role if only one shift per month. Something to do w/ job classifications/payroll etc. There were two choices to the resolution: 1. the two RN's could go totally exempt and forget about keeping their foot in the door of the union; 2. I could agree to change to an hourly, non-exempt but non-union classification so the other two could do thier union thing. This is what I chose to keep the peace and I will get paid more as I do a lot of overtime. And yes, I do patient education but it is a thin line between that and pt. care as I do touch the patients and construct a plan of care.
                          So, although I was exempt my job discription did not meet the criteria (supervisory role). One of us was even docked for hours she left early which I know isn't right.

                          Comment

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