Follow
Share

I work for a caregiving agency that pays a flat rate. I was a little taken off by a flat rate system and accepted it but we don't get payed overtime after 12 hour shift and were not allowed to leave until we are relieved. Is this right to not get payed overtime even after 12 hour shift?

This question has been closed for answers. Ask a New Question.
I need to add that if you r not union Labor board tend not to sympathize with you. I called once to complain I worked my 40 he work week and the company was trying to force me to come in and do a job on weekends that had nothing to do with the job I did. I was told if I wanted to keep the job then I would have to do what asked. Otherwise I had the option to quit. Nurses work 12 he shifts and 16 hour shifts. The law does protect them from working over 16hrs in one shift. All u can do is complain when the next shift doesn't show up.
Helpful Answer (0)
Report

You need to call ur Labor board and find out what the law is. Usually you have to work a 40 week before overtime comes into the picture. If within that 40 week, you work extra hours than you get time and half.
Helpful Answer (0)
Report

Oh yes....that is a violation of labor laws.

I would make sure to keep track of every hour. When you arrive..when you leave. And, I would be preparing my case for the labor relations board. Keep your job as long as you like...then file against them for back wages plus mental anguish.....being forced to work long hours and the stress of not knowing when your shift will be done. Stress for you and your family.

Wow..I would really stick it to that agency! I think it is probably also a violation of the State Health code laws regulating caregiver agencies.
Helpful Answer (0)
Report

Dear Caregiver133,

I understand some contracts workers are paid a flat rate or salary instead of an hourly rate. Generally based on 40 hours a week. But if more hours are worked, then maybe the worker would take time off in lieu the following week. If you are concerned about abuse another option would be talk to an employment attorney.
Helpful Answer (1)
Report

I think the issue would be whether it's in violation of labor laws, and for that I have no answer as I'm just not that familiar with them.

Nurses often work 12 hour shifts for 3 - 4 consecutive days, but I don't know if they get premiums or are paid at a time and a half rate for the extra hours.

Are you working as part of a 24 hour team, since you state that you can't leave until you're relieved, by another caregiver, I assume?

You could probably call your state's labor department and raise this question. Or call the US Department of Labor.

I assume this was discussed before you accepted the position? Did you sign any kind of employment contract?
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.