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I am a Virginia operating room nurse at a Level 1 trauma center.

 

Customer Question

I am a Virginia operating room nurse at a Level 1 trauma center. I am on-call via pager one weeknight each week (10.hrs) and 2 weekends (58hrs) per 8 weeks. This Saturday after working from 0415-1730 in house, we were told we would have to stay in house until 0700 Sunday and that our compensation would be determined on Monday or Tuesday. I am paid minimum wage for On Call and time and a half for called-in time. But today I was informed our compensation would be restricted call pay, just 50 cents more / hour than On Call Pay. Is this legal since I was confined to the hospital?

 

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State/Country relating to question: United States

Already Tried:
Reviewing hospital policies that were put in place in Jan 2010, that no one in our department was made aware of.

Submitted: 281 days and 6 hours ago.
Category: Employment Law
Value: $48
Status: CLOSED

Accepted Answer

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Expert:  Board Certified Attorney Arcadier replied 281 days and 6 hours ago.


Board Certified Attorney : There is no law that prevents such pay structure. However, your pay structure can not be changed after you have worked the time, meaning you cant change rate structure retroactively. Based on past experience, it can be argued that your understanding of pay for employer restricting your movement was your full rate. Your cause of action would be a promissory estoppel breach of implied contract claim. It is a difficult claim, but there is a basis to pursue it if you wish.

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 97.0 %
Accepts: 895
Answered: 7/6/2012

Experience: Employment Law questions answered. Unpaid Wages, Overtime, Discrimination, Harassment, and many more employment related issues.

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