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#4521009 - 09/20/17 08:25 AM Overtime pay during Hurricane Irma, incorrect pay
Mr Nice Offline


Registered: 09/12/04
Posts: 21173
Loc: Orlando, FL
At a hospital I was working at during Hurricane Irma, the hourly hospital staff was paid for their overtime:
Base hourly $___ , plus $7 per hour. There was no 1.5X or 2X hourly pay when the hospital was locked down (no employees were allowed to enter or leave the hospital) from Thursday night till Monday morning. mad
No matter how many hours of OT these hospital employees worked, they were only paid 'Lock Down' pay. I told some employees from plant operations (engineering dept) they need to file a complaint with the Department of Labor cause they weren't paid properly...... but they are afraid to file online or call and give their name, dept, phone number, address of hospital, etc... for fear of retribution.


As a contract employee, I stayed at the hospital (we are contractually obligated to be on site for hurricane coverage) from Thursday till Monday, also because hospital administration requested coverage.

This was my overtime pay for each day:
8 hours at base pay
4 hours 1.5X pay
12 hours 2X pay


Why should these employees be worried about collecting every penny they are owed by this cheap hospital ?



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#4521020 - 09/20/17 08:34 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
motor_oil_madman Offline


Registered: 11/29/09
Posts: 4838
Loc: Houston, Texas
Well I think if they have a contract and that's what it says in the contract during an emergency, I don't see a problem.
_________________________
2007.5 dodge cummins 6.7 liter. Chevron Delo400 15w40. 7000 mile or 250-300hr intervals.


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#4521021 - 09/20/17 08:36 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
stockrex Offline


Registered: 01/08/06
Posts: 2434
Loc: Michigan
I did the same and just received my regular pay, don't want to complain as they will can my chunky behind.

You can be a whistle blower and report them ;-)
_________________________
07Ridgeline:33k,08Dmax:14k,10Fit:40k:90Toyota1Ton:88k
Oil Whisperer!*Fear the DINO*

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#4521022 - 09/20/17 08:36 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
motor_oil_madman Offline


Registered: 11/29/09
Posts: 4838
Loc: Houston, Texas
Well I think if they have a contract and that's what it says in the contract during an emergency, I don't see a problem.
_________________________
2007.5 dodge cummins 6.7 liter. Chevron Delo400 15w40. 7000 mile or 250-300hr intervals.


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#4521025 - 09/20/17 08:41 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
NYSteve Offline


Registered: 12/26/06
Posts: 452
Loc: Killadelphia
Hear about stuff like this with terrible managers do dumb/illegal stuff like this. Tell the employees (not my team), to file your claim with HR, if that doesn't work then move to DOL and call an lawyer.

They are usual scared of retaliation and the time it would take to find a new job and settle any lawsuit that would arise from it. I tell them they should be so lucky that these managers would double down on being idiots and document their illegal rules in a lawsuit.

Broadly speaking, I've learned that most people are not good at managing their careers (stay at places they are treated badly, accept terrible job offers, not report illegal practices, not look for other jobs) and will settle for working conditions that they would tell others they should not put up.

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#4521029 - 09/20/17 08:46 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
Alfred_B Offline


Registered: 05/12/15
Posts: 1965
Loc: America
Originally Posted By: Mr Nice
... Why should these employees be worried about collecting every penny they are owed by this cheap hospital ?

They are worried because they will be "replaced" soon after revealing their complaint and be ineligible for rehire. And if they use their experience at the hospital on their resume, they may not get a job afterwards if the HR department, as part of their due diligence, calls the hospital HR department to ask whether "they would hire the person again".

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#4521030 - 09/20/17 08:50 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
DB_Cooper Offline


Registered: 10/01/07
Posts: 401
Loc: Ga
If you really, really want to be involved in the matter get a copy of the employee "handbook" and "employment agreement" and see what they say..my guess is there is a provision for emergency, lock down or weather related events and describes exactly what the employee compensation will be. That is what the hospital contractually is required to do..and they did it.

If they operated or changed the employment agreement without notice..then there is grounds for a complaint. There will be an exact protocol for giving notice..usually thru the HR dept. If there is a mistake the hospital has the opportunity to correct the error. If the hospital is correct..then you know.

Going to the Florida Department of Labor first would be a sophomoric exercise and will go no-where.

You won't get fired for asking HR about your paycheck..not an unusual request, very common..you will get fired for filing complaints with regulators without first investigating the reason for the paycheck.


Edited by DB_Cooper (09/20/17 08:53 AM)

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#4521036 - 09/20/17 08:53 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Alfred_B]
jeepman3071 Offline


Registered: 04/15/10
Posts: 4204
Loc: Storrs, Connecticut
Originally Posted By: Alfred_B
They are worried because they will be "replaced" soon after revealing their complaint and be ineligible for rehire. And if they use their experience at the hospital on their resume, they may not get a job afterwards if the HR department, as part of their due diligence, calls the hospital HR department to ask whether "they would hire the person again".

This. And it is a very real fear. A family member went through something similar, and the case dragged on for many months. He was "replaced" and the HR department somehow lost his last glowing evaluation. He is currently still job searching. It doesn't help that his name hit the local paper and now shows up on Google. If employers do an online search the whole thing comes up.

The best thing you can do if you are unhappy is just quietly look for another position. Document everything currently going on if you want to lawyer up and tackle it afterward.

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#4521044 - 09/20/17 09:02 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
bubbatime Offline


Registered: 03/18/08
Posts: 5619
Loc: South Florida
Doesn't matter what the employee handbook or employee contract says, if it is illegal. They have to follow the law. They can write whatever policies they want, but if the policy doesn't align with DOL Regulations...

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#4521047 - 09/20/17 09:08 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
ironman_gq Offline


Registered: 04/30/14
Posts: 604
Loc: MN
If it's in violation of Federal Overtime laws then they've got big problems coming their way, not just for this violation but any past violations that get dragged up in the investigation.

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#4521060 - 09/20/17 09:25 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
02SE Offline


Registered: 12/30/05
Posts: 2723
Loc: The Canyons
It's not uncommon for Employers to violate Federal Overtime Laws. Another example: LINK

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#4521063 - 09/20/17 09:27 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
DB_Cooper Offline


Registered: 10/01/07
Posts: 401
Loc: Ga
Big problems coming their way? No..sorry..FLSA overtime regulations are changed during an emergency situation for Police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar ...like hospital workers too

You don't think the lawyers at the corporate office have not reviewed the Fed labor law?

Yikes! Just go to HR department and ask about how your paycheck was calculated..easy enough to do and you don't need to be confrontational.

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#4521073 - 09/20/17 09:40 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
Mr Nice Offline


Registered: 09/12/04
Posts: 21173
Loc: Orlando, FL
I'll tell the people I know to ask for the most updated Employee Handbook to see what it says about employee pay during a natural disaster / emergency situations.

Lots of unhappy hospital employees but I understand many are afraid to speak up cause the hospital will say if you don't like it.... "there's the front door".

OT: I did see the hospital CEO, COO, CNO, CIO and other dept directors at the hospital from Thursday till Monday.


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#4521136 - 09/20/17 10:54 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
L_Sludger Offline


Registered: 10/04/09
Posts: 3947
Loc: Ohio
If they pay too much, expect them to catch it. If they underpay, expect for them not to fix it until you scream bloody murder and get flagged as a troublemaker
_________________________
too many cars and oil combinations to list in 150 characters or less

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#4521162 - 09/20/17 11:22 AM Re: Overtime pay during Hurricane Irma, incorrect pay [Re: Mr Nice]
John_K Offline


Registered: 12/08/06
Posts: 2712
Loc: Columbus, Ohio
I have learned that you can have lots of rights in the workplace, but you end up dead wrong. I was retaliated against at work, and it was awful. I couldn't find another job so I had to keep going into an environment I didn't want to be in. The result? I ended up in a coma in ICU for a month, my pulmonologist said "stress" was the only reason they could think of for it happening. Remember, the employer is the house, and the house always wins.

John
_________________________
2009 Mercury Grand Marquis, 8 cyl auto, 77xxx miles, PU
2005 Hyundai Sonata, 4 cyl auto, 93xxx miles, Maxlife
Current oil stash: 518 qts.



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