Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am an RN a small hospital which is part of a large

Customer Question
hospital system in Indiana....
I am an RN a small hospital which is part of a large hospital system in Indiana. On days when our census is low the hospital makes us take the day off for no pay and we are supposed to use our accrued vacation pay to pay ourselves or we can take no pay at all. When we get a low census day we are still on call for the hospital. So if we have the opportunity to work someplace else we can't because we are on call. We do not even get call pay for the day ($1.00 an hour) I don't know how the hospital can justify having us on call and not paying us at all.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
1/16/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

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.

Unfortunately they can justify it, because as the law currently stands right now on call time is not compensible time. If you are allowed to be at home, courts have repeatedly held that that time is not paid time unless and until you get called into work. Regrettably, this is well-settled law, meaning that unless a change is made in the statutes concerning compensible time, there is no further argument on this matter in the courts.

As for requiring you to pay for the time they require you to take off with your vacation, this is also permissible as vacation is not legally required by any state or federal law. Because of this, the employer can place those limitations on that vacation that they want to...including requiring its use if you wish to paid for time that you are not scheduled to work.

I wish I could tell you differently here, but none of the facts that you outlined here touch on any illegal activity by the employer. Immoral and unfair, yes...but not illegal.

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.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years 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.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
20,632 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,632 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I work for a NY domiciled company that does not pay accrued
I work for a NY domiciled company that does not pay accrued PTO at termination. I am an Indiana resident, and my NY employer withholdings and unemployment follow Indiana statute, so I believe accrued … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work as an RN at a large hospital in Iilinois. Often we have
I work as an RN at a large hospital in Iilinois. Often we have to take mandatory time off when census is low, actually we are over staffed so even when census isn't low. Sometimes this time is mandato… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work in a hospital in Texas. When census is low they cancel
I work in a hospital in Texas. When census is low they cancel nurses and put us on call ..which means we can be called out anytime and be paid straight time only if they need us. Is that legal? RN in … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a RN working in a big hospital here in Dallas, no union
I am a RN working in a big hospital here in Dallas, no union hospital. I was just wondering if it's legal for employer to enforce a cancellation policy that does not exist. We get cancelled when there… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work at a hospital, census (patients) is low so they call
I work at a hospital, census (patients) is low so they call employees off due to low census, the employer states that we can not use our PTO hours to make up the difference. When you are hired for 36 … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I work for a hospital as an RN. Lately they are over-hiring
I work for a hospital as an RN. Lately they are over-hiring staff to avoid paying overtime, and instead making employees take off when patient census is low. They call an hour before shift start time … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Im a therapist that works for an hourly wage on an inpatient
I'm a therapist that works for an hourly wage on an inpatient psych unit in a hospital. I am a non-union employee and I work in the state of Massachusetts. I am scheduled for 32 hours a week. Recently… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My employer, a county-owned hospital, owns and operates a number
My employer, a county-owned hospital, owns and operates a number of doctor's offices in addition to the main hospital. Registered nurses in the main hospital are, at times when patient census is low o… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
what are the texas labor laws with RNs working salary but
what are the texas labor laws with RN's working salary but are on call after 5 pm week days and weekends? When issued a company car for nursing visits, can the company make you use your own money for … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
Our company allows salary exempt employee to accrue personal
Our company allows salary exempt employee to accrue personal time to use when more than half a day is not worked. As an example, they go to a doctor appointment and are out for more than 4 hours of th… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
In the state of Pennsylvania... can a professional exempt employee
In the state of Pennsylvania... can a professional exempt employee be forced to use 'vacation' or holiday time to supplement a missed day of work due to employer request to stay at home due to 'no wor… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work in outpatient surgery in a midsize hospital. Our census
I work in outpatient surgery in a midsize hospital. Our census is within normal limits of the past three years. The work area includes four areas; recovery room, preop holding area, preanesthesia conf… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a professional salaried, exempt employee in tennessee.
I am a professional salaried, exempt employee in tennessee. Some days, the operating room is slow and our CEO is making us stay home on occasionally and making us take accrued PTO time to cover our pa… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello. My name is Ted. I work in a hospital in Idaho. It has
Hello. My name isXXXXX work in a hospital in Idaho. It has about 750 full time employees. In recent months there census droped and they lost about a million dollars they claim to over budgeting. They … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I work at a hospital in Fargo, ND as an RN. I am a Full time
I work at a hospital in Fargo, ND as an RN. I am a Full time employee. We are an LTAC (long term acute care) with 26 beds. When census is low which it has been this summer we are "reduced" which means… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,632 satisfied customers
Hi. I am a nurse, from Atlanta, who works 40 hours a week.
Hi. I am a nurse, from Atlanta, who works 40 hours a week. When the census is low, we rotate who gets to go home. My question is that my boss would prefer I use PTO to make up the difference to get my… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
I was hired as a full time RN (in Missouri) but due to low
I was hired as a full time RN (in Missouri) but due to low census am only getting part time hours. All of the nurses in our unit are being forced to take 'on call' and have used up our vacation time a… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
I am pregnant and applied for FMLA through my employer. I am
I am pregnant and applied for FMLA through my employer. I am an RN and work 48 hours per pay period. At times our census is low requiring that I take call (paid 1/3 hourly wage for low census = 1.50/h… read more
Mike Garcia
Mike Garcia
Sr. Research Paralegal
Bachelor's Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x