RN request to work additional hours @straight time instead of seeking part time job

2696803

My firm manages a long term health care facility. One of our RN's is employed in a salary position (Medicare Coordinator)working 40 hours/week. She has requested that she be considered for an opening we have for weekend nurse - she does not want overtime for this position.

May I employ this nurse for the weekend position without paying her overtime? She basically would be employed at two separate jobs - one salary (exempt) and one hourly.

Bonzo

I am assuming, based on my own LTC experience, that in the position of Medicare Coordinator, this nurse does not qualify as an exempt employee, using all the usual tests. Therefore as salaried non-exempt, she must be paid for overtime; regardless of the work she does in the time over 40, whatever the department, if it is work for your company, I believe overtime applies.

Rockie

If you have someone working a salaried position that is one thing. But...if this salaried employee wanted to work in an hourly capacity (staff nurse, or whatever), you would have to pay them the hourly wage that the staff nurse would receive. This would not icur overtime as one position is salaried and the other is an hourly one.

The only thing you have to be careful of is...is the Coordinator position truly a salaried position under the law? If not, and the employee later challenges this and the DOL finds against you, you would indeed be liable for the overtime she incurred on the second job.

The RN position is under fire as to whether it is exempt or non-exempt. I have not found anyone yet who could give me a concrete answer on this Most of them state "it depends on the job description's duties and responsibilities and the degree of independent judgment, etc." I think you would always be safe making it hourly, but some facilities give great latitude to their RNs, so this makes it a toss up.

Tread carefully!