QUESTION

working related issue at retirement home

Asked on Aug 03rd, 2013 on Labor and Employment - Texas
More details to this question:
My wife is a LVN (licensed vocational nurse) in a retirement home in Dallas, Texas. Her management is putting lot of pressure and threats telling her not to do over time. She doesn't want to do over time but they are short staffed and they don't provide any help (med-aid) during her shift (2pm to 10:30pm). Other nurses have additional staff to help her during their shifts. Given the amount of job and no additional staff she is unable to avoid over time. Many times she works after clocking out unofficially to complete that day's tasks to avoid bad performance evaluation. But management keeps insisting the shouldn't work after clocking out. Can she be fired for working after clocking out? Does she have any legal remedy? The management have so far refused to provide her any help with staffing.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Off the clock work is a common issue and violates a number of laws (not usually criminal laws).  Management may be talking out of both sides of their mouths when they say "don't work off the clock" ["wink wink -  we really do insist you keep working"] but that is literally the correct instruction.  Most employees are entitled to be paid 1.5 times their usual hourly rate for hours worked over 40 in each workweek (overtime).  Many employers try to avoid this costly expense by minimizing overtime hours, either legitimately by ensuring employees get off the clock and go home after their regular shift or illegally by requiring employees to keep working off the clock. A typical employee in your wife's situation should obey her supervisor's instructions not to work off the clock.  Yes, an employee can be fired for ignoring that instruction.  If the employee gets near the end of her shift and important or assigned work remains, she should seek her supervisor's instructions to either keep working on the clock or to get off the clock and let someone else handle the remaining work.  If the employee is worried that she may get fired for this course of action, she should seek legal advice from a Board Certified Labor and Employment Lawyer who represents employees (many only represent corporations).  See www.tbls.org for a listing of board certified attorneys. Good luck.
Answered on Aug 05th, 2013 at 4:27 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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