My job at a retirement home in WA requires I spend the nite [8 hrs] without pay. Is this legal?

Question

They scheduel me to come in for 4 hrs. and stay over nite with out pay, and resume my 12 hr shift the next day. They say they can do this because they 'give me a bed' and that they are a non profit organization.
Also, I broke my wrist [at home] and they wont put me on light duty because 'there might be an emergency'. I can't think of anything I couldn't handle. I love my job, and I love all 14 of the residences

Answer 1

It is illegal to have an employee in an "on call" status (which is what you are) and not pay them unless they have freedom to come and go as they please and essentially be off duty for a good portion of the time. Even then, the employee must be paid for any hours in which they actually perform work. Since you are required to remain on the employer's premises, the employer must compensate you for your time.

The employer is not obligated to offer you light duty work; however, if your doctor has restricted your use of your arm/hand, they must either accommodate your restriction or place you on an unpaid medical leave under the Family and Medical Leave Act (FMLA.)

Check with your state's department of labor for more info - the Federal site is www.dol.gov and you should find links to your state's site. You sound like a responsible and dedicated employee who is doing a difficult job and I hope they treat you as well as you deserve to be treated.

Best of luck!

Answer 2

Non-profit organizations have to follow the same employment rules as everyone else.

From what I understand, employment regulations are different for each state.

Do you have the option of going home instead of staying overnight? If so, I can see why you wouldn't get paid - they're providing you a place while you're off duty. If not, I think you should get paid.

As for the wrist, lights duties sound appropriate - you may need a doctor's note. In an emergency, you are less able to help until you heal - their excuse about "there might be an emergency" is a guilt-trip excuse.

I'm glad you enjoy your job and the people you are blessed to assist. It's important that you and your fellow employees are treated fairly as it will affect the care of the residents.

Answer 3

Non profit organizations do have laws that bend for them a bit, and staying the night without pay could be legal, cause non profit's benefit from a form of volunteer status. You must check with the local laws before stating anything to your employer. I had to go down this road before, with non-profits before.

Also get a light duty status from you doctor. Your residents do not need you to further harming yourself at work, and you need time to heal to be more productive with this work after you have healed. They need your proper support.

Answer 4

<> Just because something it legal doesn't mean it's right. <> There's a reason you can't spell 'assume' without '***'. People who assume too much end up making asses of themselves. < murder, how come?>> Doesn't make sense, does it - and yet, there you are advocating people merely ASSUME the government is right! <> WRONG! <> Ad hominem attacks hurt your credibility. Perhaps Marc, like me, doesn't see too much in the way of credibility when reading your question. < is NOT murder.>> The term "fetus" literally means "the young in the womb". The fetus IS a living human being. Life begins at conception, not birth nor some arbitrary point in between. Therefore, every abortion constitutes the murder of an unborn human being. <> But the fetus IS human. Therefore, abortion IS murder. < and stupid imagination.>> What's so narrow minded about acknowledging the unborn for the living human beings they are? Since you're unable to do that, wouldn't that suggest your mind is in fact more narrow than mine? < person NOT two.>> That just goes to show how schizophrenic human institutions can be - and you want to ASSUME such an institution (the government) is right.

Answer 5

No it is not legal.
you only go to work for payment,
minimum wages for the hours you attend your place of employment must be paid by law,
the fact you love your work is not the point .
first of all talk to your employer and tell that person that you are aware of your rights and ask for for terms of employment,

Answer 6

They are messing with your head. Tell them your going to check with the labor board.
I had this stunt pulled on me many years ago, and they fired me when I did go to the labor board. They were also closed by the state when they got investigated. (I was a mechanic)
They can't make their own rules.....

Answer 7

Yes its illegal. Seems to me they are taking advantage of you. You need to see what are the legal job practices in your State. Go to the State website.