Need help from the Legal Eagles dealing with Labor Laws.

[SeaCat]

What are the Labor Laws dealing with forced overtime? What kind of force is needed? Does it have to be a straighforward threat of firing or can it be implied?

Cat

 

[Misty_Morning]

What are the Labor Laws dealing with forced overtime? What kind of force is needed? Does it have to be a straighforward threat of firing or can it be implied?

Cat

I'm not an attorney, but I do know about forced overtime having been put in that situation on more than a few occasions.


As pertaining to your career, they have you by the cahonies. Since you are in fact in the medical field you have really no say since your profession serves to benefit the public.



I am sure someone else can be more specific, but this is what I have told by my attorney (paraphrasing).

 

[drksideofthemoon]

What are the Labor Laws dealing with forced overtime? What kind of force is needed? Does it have to be a straighforward threat of firing or can it be implied?

Cat

It all depends on the state you are in, each state has slightly differing labor laws.

And it depends on the number of employees as well. Certain business with less than a certain number of employees can require an employee to work unlimited overtime.

Normally, 8 hours in a 40 hour work week is all they can demand from an employee. Anything over that is strictly voluntary.

 

[Misty_Morning]

It all depends on the state you are in, each state has slightly differing labor laws.

And it depends on the number of employees as well. Certain business with less than a certain number of employees can require an employee to work unlimited overtime.

Normally, 8 hours in a 40 hour work week is all they can demand from an employee. Anything over that is strictly voluntary.

He also resides in an employ at will state. They can fire him for almost no justification as long as he is not a "protected" individual as far as the EEOC and or the Florida Commision on Human Relations is concerned.

My comments earlier pertain to Tennessee which is also an employ at will state.

There certain professions, primarily scientific in nature, that an individual must work overtime (and if you are salaried, that means WITHOUT compensation) if your work is critical to the public health and/or welfare.

 

[Jenny_Jackson]

The labor laws with respect to overtime are varied across the U.S. Typically on the west coast, health care workers are unionized and come under collective barganing rules. I assume that is not true in your case. That means you fall back on the Florida State laws. As stated above, I believe that Florida is an "At Will" state.

Enforced overtime is not specifically mentioned in the Federal Statutes except for certain professions, specifically Long Haul Truckers, etc. where prolonged overtime presents a danger. As far as I know there are no statues at all covering overtime for Salaried and "Exempt" Employees.

Sixty and eighty hour work weeks are not uncommon among hospital employees, accountants and workers in a few other jobs. I did a quick google and could not find any court cases where enforced overtime was at issue for these types of employees.

As far as whether the overtime is concidered "enforced" by demand or by inferance, the matter is mute. If the overtime is a condition of employment, you're pretty much screwed unless you can show the overtime is detrimental to your health in some way or other. That may open another can of worms that could lead to termination.

 

[SeaCat]

My situation is this.

My Unit Manager has frozen all hirings for the past six months. My unit is now down at least five Aides on my shift.

On the first shift we are working with three Aides on a 44 bed unit (that my supervisor does her damndest to keep filled at all times). That averages out to two Aides per day.

Aides from other foors threaten to quit if they are asked to work on my unit so we don't get help.

My Unit Supervisor has created reams of paperwork for us. On my unit the Aides do more paperwork perpatient than the R.N.'s on other units.

Because our unit is short handed there is no chance of transfering off.

My Unit Manager has implied on more than one occasion that our not working extra hours could be considered Patient Abuse or Abandonment, which is reportable to the state.

I am up to a minimum of 52 hours a week. (3 12 hour shifts and 2 8 hour shifts each week.)

Two days ago I received word that one of my co-workers had hurt her back. (Small wonder.) My boss informed me that my schedule would most likely be changing again. Now I know what she is aiming at. She wants me to be working five days a week again, five 12 hour shifts. Something the R.N.'s refuse to do. (Just as they now refuse to do Primary Care.)

We all know the reasons behind my bosses actions. The more money she saves the hospital the more money she receives in her yearly bonuses.

Now I can hear you asking why we don't just quit. Well patrt of the reason is the reporting of us to the state for Patient Abandonment. That would stop us from getting jobs in the field, not to mention the blocking of me getting into school to get my R.N.

Complaints to the state? Yep good idea except there is nothing in writing. Even the schedules are kept posted in her office with no copies to the staff. (I know, I have been talking with the state.)

Complaints to the Corporation? Yeah right, she's worked for this corporation for the past 20 years.

Cat

 

[Zeb_Carter]

I would and this is just me, but I would have myself a little accident while helping a patient, like hurt my back and can't get up off the floor. Sprain my ankle, so I can't walk and definitely can't lift patients. Something along those lines. Something that may cost the facility some money for working me too hard. When asked what caused my accident I would state in a clear and loud voice "I've been working 12 hour shifts for two weeks, I'm tired and I have been required to work these hours because Ms. So and so is trying to make herself look good."

But that's just me.

 

[ChristopherMaxwell]

Forced overtime equals slavery. At least in my estimation. But I'm a moderate Tory, not a conservative Republican. Not quite the same thing.

 

[Weird Harold]

Complaints to the state? Yep good idea except there is nothing in writing. Even the schedules are kept posted in her office with no copies to the staff. (I know, I have been talking with the state.)

Are you being paid for overtime hours? If you are being paid overtime rates for overtime hours, your pay stub should be the documentation you need.

 

[R. Richard]

In a hire at will state, your chances of getting any help from the state are slim and none. As had been pointed out, a health care worker has few rights in any case, since the state is concerned with the patient's welfare, not the worker's welfare.

If you can document the overtime you are working, as WH suggests, then you have the beginning of the evidence you need. If you do hurt your back as a result of the long hours you must work, you now have the basis for legal action against the hospital. If you have evidence [including phone records] that you contacted the state, you have still nore evidence that you were being forced into a situation that endnagered your health.

In the meantime, I would shine up my resume and start looking for a job where you don't have to call your supervisor 'Massa' or 'Boss.'

 

[3113]

My Unit Manager has implied on more than one occasion that our not working extra hours could be considered Patient Abuse or Abandonment, which is reportable to the state.

I'm not a legal expert, but I wonder if this couldn't be turned around. Couldn't you accuse HER of patient abuse because she is using not only too few aids, but overworked aids who can't provide optimal care? As, say, compared to other managers?

 

[SeaCat]

I'm not a legal expert, but I wonder if this couldn't be turned around. Couldn't you accuse HER of patient abuse because she is using not only too few aids, but overworked aids who can't provide optimal care? As, say, compared to other managers?

I could but for one minor detail. There is nothing on the books either federal or state dealing with staffing levels and Case outcomes. (ie. patient care.)

One of the problems behind this is any investigation is stopped cold by politics.

Cat

 

[StormRising]

Cat:

Get a camera phone OR a polaroid camera. DOCUMENT the schedule every week from here on out.

File a letter to the DIRECTOR of the hospital explaining the situation on your floor, and that, although you will work these hours if you must because you love your job and your patients, you are concerned that the patients may not be receiving the optimal quality of care because of short staffing and the hiring freeze. Ask the other nurses/aides to do the same, all of you clearly stating that although you understand that there are problems in finding quality staff, you really do need some relief.

What is that saying? walk soft and carry a big stick?

 

[SesameStreet]

From what I have read in this thread your only hope is if all of the aides who work in your section stick together. The suggestion that your superviser is herself jepordizing the health of these patients by limiting the number of aides working seems to be a good idea. All of the aides should work together to document any evidence of this. Also getting hurt on the job and wrenching your back is a very viable option. Back injuries are some of the most difficult injuries to prove to be fakery.