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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.