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I own a Home Health Agency. Thinking of changing paying my…

Customer Question
I own a Home...

I own a Home Health Agency. Thinking of changing paying my nurses from hourly to salary. What does the law say about how to calculate actual time worked. What do you do about weekend call? What if they don't work 40 hours a week and then have weekend call? What if they do work 40 hours a week and have to see patient's on weekend? Trying to think of all case before we change.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No. I own the company. Just thinking of what we might do.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No, we do not belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Just want to do the right thing

Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/27/2018
Employment Lawyer: Roy Hadavi,
 replied 4 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,484
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney‑client relationship and this is for general information purposes only.

Answer: If you transfer the nurses to a salary basis, then all of the questions you have asked are no longer a consideration. None of the considerations you have mentioned apply to exempt (salaried) employees. The only important consideration is whether you can legally designate them as exempt. Please click here to review the Department of Labor requirements for exempt employees.

Exempt employees do not need to have their hours worked tracked and may be scheduled to work the entire week.

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