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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5630
Experience:  Exclusively practice labor and employment law.
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I am a salary employee red in a management position. Since

Customer Question

I am a salary employee hired in a management position. Since Jan of this year I have been out in the field working as a staff RN. I have had to do weekends, night admissions, work overtime without extra pay, go without lunch but forced to put down that I have had lunch breaks. Today my COO called me into his office and informed me that when our weekend nurse quits which her last day is July 31, 2016 that I will be the RN on the weekends as well until they hire another nurse. It has taken us until this past week to hire a dependable RN to work during the week. He is telling me that because I am management I will have to do this for an undetermined amount of time which could be months. In other words I will have to work seven days a week for an undetermined amount of time with no added pay and no days off. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

The issue here is that while you are labeled management, the work you are doing is staff nursing. So the management exemption does not apply. There's another issue, however, in that nurses (even staff nurses without management responsibility) are professionally exempt, but, for whatever reason, employers have always paid nurses hourly and not even tried to exempt them. So where does this leave you? I think that you could make an argument to the COO that because you are essentially relegated to being a staff nurse that you should be paid hourly and overtime for all hours over 40 per workweek while you are doing this and returned to exempt when your duties return to management as that would be internally consistent with the way your employer treats nurses. If he doesn't buy that, then I believe you should ask for a raise or bonus to reflect their expectations.

What is clearly illegal is not giving you a lunch break at all. That's illegal under KY law meal breaks are mandatory for all in the medical field.

Expert:  John replied 1 year ago.

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