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I currently live in the state of Hawaii and I have questions…

Customer Question
Hello I currently live...

Hello I currently live in the state of Hawaii and I have questions about Healthcare facilities being able to mandate you to stay over and work

Lawyer's Assistant: Have you talked to a Hawaii lawyer about this?

Not yet it has not happened to me it is happened to my other employees and I keep telling them that unless it's a state of emergency I don't think they're supposed to mandate you I haven't found any policies or procedures in our policy and procedure books about this

Lawyer's Assistant: What steps have you taken so far?

Due to the fact that we have Union here we have steps that we have to take our union representative has been spoken to she's contacted our facility and she was told that the steps that they take are that they tried to call everyone and do everything that they can and then mandate is the last thing but I don't see it wrote in black and white I think it's more of a verbal Thing versus a policy

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

I just want to be aware of my rights for being mandated

Submitted: 2 months ago.Category: Employment Law
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Answered in 25 minutes by:
6/10/2018
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for your patience. So, generally, an employer can require you to work as many hours as the employer needs. Even if there is no written policy, the employer can require you to do this. If there is a written policy that limits the amount of time you can be scheduled, then the employer must follow that policy. However, so long as the employer is providing breaks, meal times, a minimum wage, and a reasonably safe work environment that is free from discrimination, the employer can require you work beyond your regular shift. Employees can terminate their employment relationship at any time and for any reason at all; however, as a condition of working there, they can require additional hours so long as they pay you.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 2 months ago
let's say that I work a night shift 11 to 7 and they mandate me to stay over and it's my day off I still have to stay over and work on my day off at my time off
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Sadly, that's correct. Some states limit overtime for some professions. For example, the state of Washington doesn't allow hospitals to force overtime on nurses; however, I cannot find a similar requirement in HI. If there is no policy, that may be something you should bring up to the leaders at the organization. Also, be sure that if your'e eligible for overtime, you're being paid overtime.

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Customer reply replied 2 months ago
My last question if I have a flight ticket that I have paid for and it's none reimbursement because I could not make it to the flight because I was mandated and my able to hold my facility accountable for my reimbursement due to the fact that they held me over or mandated me to stay over when I could have caught my flight
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks so much for coming back. Yes, it is possible you could get reimbursement. The main reason is because if it is not stated in the policy, if you were approved for that time, and you lost out as a result, then they should reimburse. You could go to your HR team and talk to them about this to ensure you get some money back and to make sure it doesn't happen again. It's not something I would recommend you go to court over.

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