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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I am an RN-REQUIRED BY LAW TO HAVE CPR UPDATED EVERY TWO

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Hi I am an RN-REQUIRED BY LAW TO HAVE CPR UPDATED EVERY TWO YEARS. NOW MY BOSS REFUSES TO ***** HAVING TO TAKE THE THREE HOUR CLASS NEEDED TO KEEP MY LICENSE UPDATED-SO I CAN REMAIN AN EMPLOYEE AT MY HOSPITAL. SHE SAYS IT IS BECAUSE I AM "PER DIEM" AND REFUSES TO PAY ME FOR THOSE THREE HOURS.I HAVE BEEN EMPLOYED AT THIS HOSPITAL FOR 14 YEARS-AND TOOK THE CLASS ON HOSPITAL PROPERTY. IF I DO NOT TAKE THIS CLASS-I AM NOT ABLE TO WORK. SHOULDNT I GET PAID FOR THSES THREE HOURS? THANKYOU! DEB DURAN RN(###) ###-####
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Legally, they don't have to pay for that time. The reason is that it is a personal educational requirement which allows you to work in the field itself, not just at that hospital. If this were specifically an educational requirement for that hospital alone, then certainly they'd have to pay for you to do it. However, your licensing requirements are personal to you. You would have to do those things no matter where you worked, and in fact, you can take that license and work elsewhere. Now, many employers choose to reimburse their employees for maintaining their professional license, as an added form of compensation. I think this is a good thing to do, but it is not legally required. The fact that the employer has done so in the past does not legally bind the employer to do so in the future. It is also legal to pay people differently, allowing certain types of employees to be reimbursed while others are not, as long as the differentiation is not based on race, religion, gender, age, disability or FMLA use. Compensating people differently based on their payment scheme (part time, per diem, full time) is very common and legal. I wish I could tell you differently here, but legally speaking, they don't have to pay you for those hours. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 8 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.