If I’m an LPN in a salary position and am paid for a 40 hour week, what are my rights regarding the amount of shifts that I must cover?

UPDATED: Sep 29, 2022

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If I’m an LPN in a salary position and am paid for a 40 hour week, what are my rights regarding the amount of shifts that I must cover?

I have been informed by my boss that I am expected to be available 1 week out of 6 to cover for any hourly staff nurses that are absent during this time. They work 12 hour shifts and I am expected to cover for both shifts should the need arise. I will be working my normal work hours during this time as well. I was told to take off time to make up for the extra time that I am called into work. Is this legal?

Asked on September 21, 2015 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1 Your employer may require you to work any number of hours or shifts that the employer wishes you to.
2 Your employer can ask you to cut your hours back for part of a week to compensate for extra hours elsewhen in the week.
3 If you work more than 40 hours in a week total, you must be paid overtime if you are an hourly employee or a non-exempt salaried salaried employee--though if you are an exempt salaried employee, they do not need to pay you any extra.

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