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Justice4U
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The hospitalwhere I work has 2 types of extra hours available

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The hospitalwhere I work has 2 types of extra hours available to RNs. The first is regular on-call at time and one-half, the second is Critical Incentive Pay(CIP) that pays $20/hour above regular salary. Depending on your pay scale, the CIP could pay the same as on-call time. If the base salary is $40, with CIP the RN would earn $60/hour. On-call pay would also be $60/hour for that RN. My question is, would both catagories pay overtime if more than 40 hours are worked in the pay period? If not, what would be the rationale be?
Submitted: 3 years ago.
Category: Legal
Expert:  Justice4U replied 3 years ago.
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Hours worked by nurses exceeding 40 in a work week must be compensated at a rate of one and one half the base rate. The base rate calculation can often be an issue, but should include pay differentials for nights and weekends. See the following link which addresses many of these differential and shift issues in nursing generally. See:

http://www.dol.gov/whd/regs/compliance/whdfs31.htm


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Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The information supplied is not legal advice. You may only obtain legal advice from a local attorney in your state. No attorney-client relationship is formed. I appreciate your use of this service.
Customer: replied 3 years ago.
I was told that if I worked On-call duty that time and a-half after 40 hrs was 'double dipping' if I was paid overtime. However, the CIP pay was not considered 'double dippping' as far as pay is concerned and time and a-half is paid. I want to know if there is official document for this explanation or if it is at employer discretion. Should this be reported to a government agency? If so, which area should be notified? Thank you.
Expert:  Justice4U replied 3 years ago.
The decision is not left to the employer's discretion. Federal law requires overtime pay under the Fair Labor Standards Act. If the employer is attempting to claim an exemption under that act they should be able to state what that exemption actually is. You may file a complaint with at:

http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm


Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The information supplied is not legal advice. You may only obtain legal advice from a local attorney in your state. No attorney-client relationship is formed. I appreciate your use of this service.
Justice4U, Attorney
Category: Legal
Satisfied Customers: 11302
Experience: Broad base of legal experience.
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