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Is it legal for a facility to force evening shift RNs to work over their regular hours and until all MARs are completed?

Question:

Dear Nancy,

I work in a rehab/long-term care facility that makes the evening shift nurses stay over on the last day of the month until all of the Medication Administration Records are completed for the next month. This means staff nurses are working eight-hour shifts and then are expected to stay into the next shift to complete the MARs. This only applies to the evening shift. Can the facility force the nurses stay over? Is this a legal practice for them to follow?

Darien

Dear Nancy replies:

Dear Darien,

First, it should be noted the MARs in your facility should be concurrent and complete at the end of each shift. It is unclear what staff is being asked to do to complete the MARs for the next month, so it is difficult to respond to that portion of your question.

In regard to making staff stay to complete this unclear task, it is assumed that if a staff member does not do so he or she will be terminated. If that is the case, the staff may want to check with a nurse attorney or other attorney in your state who can advise you of what rights your employer has concerning this mandate and of your rights as well.

Another issue to consider is that if the time necessary to complete the MARs for the next month equates to work time more than 40 hours per week, then the staff members must be paid overtime for their work on the MARs. Your state department of hour and wages (or similar title) can help you clarify this issue. Often times there are FAQs on the department’s website that can help answer
this question.


Cordially,
Nancy

By | 2014-04-23T00:00:00-04:00 April 23rd, 2014|Categories: Blogs, Nursing careers and jobs|0 Comments

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