Is there anything I can do about being scheduled over what is considered full time for a salaried position?

Anonymous

December 17,2022 at 8:30PM UTC

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Is there anything I can do about being scheduled over what is considered full time for a salaried position? I don't mind picking up the slack when there is a call out or something happens. There are always days where you need to stay late but this has become a chronic issue.

I'm in a clinical role which is usually 40 hours a week 8-4 M-F. Our department has gone through 3 directors in less than 2 years and each time we lose staff. I've been promised by the current and previous director that they will fix the problem but it's getting worse. I've been added into the hourly schedule (some days starting at 6:30 am and ending at 6:30 pm) and have been averaging 56+ hours a week and some weeks it's 78 hours and working 6 days a week for the past 7-8 months.

I'm not only responsible for my position but I'm covering the lack of staff in other positions as well. The other day when I asked about taking a day off my director got upset enough to raise her voice enough that one of the nurses walking by pulled me aside later and told me I should take the issues up with the hospital administration but I don't technically work for the hospital I'm with an outside contractor. Other than changing jobs which I'm already working on is there anything I can do? I feel I should get comp time or something...

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AnonymousDecember 17,2022 at 9:07PM UTC
Outline the past 60 days in an email and let the management know that the hours are burning you out and that your doctor is recommending you cut back to a 40 hour work week asap.
CEJNYCDecember 18,2022 at 6:52AM UTC
Your schedule is likely illegal under state law. But if you file a complaint with your state’s Department of Labor, you’ll likely be branded as a “troublemaker.” At the very least, you should keep a log of your hours.
Then, start talking with management re your arrangements with them, including your pay for overtime. You should also management’s response(s). You may decide to leave for another position, at which point you should file for overtime with your state’s DoL. it may be worth consulting with an employment lawyer.
AnonymousDecember 18,2022 at 4:20PM UTC
State labor laws cover the "legality" of working more than 40 hours without compensation, and (assuming you are in the United States) varies depending on the state where you work. Check the laws on your state's department of labor website to see if there are any provisions for overtime for salaried employees.
Jennifer TaylorDecember 22,2022 at 2:10PM UTC
I’m assuming you’re being paid time and a half for anything over 40 hours? Even though you’re a contractor, you can still bring up your concerns with the administration.
IntentionGirl299847December 22,2022 at 10:20PM UTC
Say no. Burnout is real and they have no right to schedule you without your permission. Plus you do get compensated for all hours over 40. The law says so. Supreme court ruled on that back around 2002