My question involves labor and employment law for the state of: California
I am a non-exempt employee and work 12 hour shifts as an RN, and am exempt from the California standard of OT after 8 hours daily. We are paid OT only after 40 hours worked and double time after 12 hours. My question is, if I am called in to the hospital to work anytime during an on-call shift, should that time count towards my 40 hours? (We are paid at 1.5x for any on-call time worked)
Here is the breakdown of my week, and where I feel the problem lies:
Sunday – 10.25 hours
Monday (I was on call and was called in)- 10.5 hours
Tuesday-12.0 hours
Wednesday- 9.75 hours
According to my calculations, I should have started accumulating OT hours for the last 2.5 hours of this shift
Thursday- 8.5 (all hours should be OT)
Saturday- 13.5 (12 hours of OT, 1.5 hours of DT)
Based on these numbers, I should have:
Regular pay- 29.5
Call back OT- 10.5
Overtime hours- 23.0
Double time- 1.5
Standby hours-1.5
However, the time clock software is calculating as:
Regular pay- 40
Call back OT- 10.5
Overtime hours- 12.5
Double time- 1.5
Standby hours-1.5
Even though the numbers all add up, its the placement of the on-call shift, I feel is skewing the calculations. I emailed HR/Payroll regarding, what I feel is a miscalculation and her reply was "No, callback hours are already paid at an OT rate & on call/standby hours do not count towards hours worked". When I emailed her back to thank her for her answer and to clarify this statement, her reply was "No problem. To clarify, they are counted as hours worked, but not regular hours worked since they are already paid at an OT rate. That would be double dipping." (Which I knew and is the reason I have calculated only 29.5 hours of regular rate pay) But this is a contradiction to her previous statement.
It seems to me the software is only calculating OT after 40 hours of "Regular pay" hours are reached. This wouldn't be an issue if my on-call day would have fallen on a day after I worked 40 regular hours, but because it fell on that particular day, it seems to be affecting the calculations (and my wallet!).
Thank you so much, in advance, for your help and your patience with my questions.
:)
I am a non-exempt employee and work 12 hour shifts as an RN, and am exempt from the California standard of OT after 8 hours daily. We are paid OT only after 40 hours worked and double time after 12 hours. My question is, if I am called in to the hospital to work anytime during an on-call shift, should that time count towards my 40 hours? (We are paid at 1.5x for any on-call time worked)
Here is the breakdown of my week, and where I feel the problem lies:
Sunday – 10.25 hours
Monday (I was on call and was called in)- 10.5 hours
Tuesday-12.0 hours
Wednesday- 9.75 hours
According to my calculations, I should have started accumulating OT hours for the last 2.5 hours of this shift
Thursday- 8.5 (all hours should be OT)
Saturday- 13.5 (12 hours of OT, 1.5 hours of DT)
Based on these numbers, I should have:
Regular pay- 29.5
Call back OT- 10.5
Overtime hours- 23.0
Double time- 1.5
Standby hours-1.5
However, the time clock software is calculating as:
Regular pay- 40
Call back OT- 10.5
Overtime hours- 12.5
Double time- 1.5
Standby hours-1.5
Even though the numbers all add up, its the placement of the on-call shift, I feel is skewing the calculations. I emailed HR/Payroll regarding, what I feel is a miscalculation and her reply was "No, callback hours are already paid at an OT rate & on call/standby hours do not count towards hours worked". When I emailed her back to thank her for her answer and to clarify this statement, her reply was "No problem. To clarify, they are counted as hours worked, but not regular hours worked since they are already paid at an OT rate. That would be double dipping." (Which I knew and is the reason I have calculated only 29.5 hours of regular rate pay) But this is a contradiction to her previous statement.
It seems to me the software is only calculating OT after 40 hours of "Regular pay" hours are reached. This wouldn't be an issue if my on-call day would have fallen on a day after I worked 40 regular hours, but because it fell on that particular day, it seems to be affecting the calculations (and my wallet!).
Thank you so much, in advance, for your help and your patience with my questions.
:)
Compensation and Overtime: Do On-Call Hours Worked Count Towards Cumulative Hours Worked
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