What is the name of your state (only U.S. law)? PA
Do they have to pay us the back pay? If so, how do I collect? What are my options?
I would attach the two relevant pages but I don't see that attachments are allowed. So I have provided excerpts below of my signed contract and the payment policy from HR.
The Hospital organization has an Advanced Practice Council that represents all Mid-level providers (NP, PA, CNM). The Policy I've listed below was presented by this Council and was adopted in July 2012 which is about 6 months after I started.
The Hospital's plan when I was to hire 5 Certified Nurse Midwives (CNM) and build an independent Midwife program separate from the OB department. This never happened and there has always been only 3 CNM. The 3 of us took the Policy to HR and requested our back pay. HR asked us for a copy of the policy stating we are to be paid additional for over 40 hours.
We were put off for almost 2 months until we were called into a meeting with HR and the Physician Heads and were told no. I have been employed the longest and specifically asked "but this is your own policy". I was told "you are scheduled for 48 hours so you work what you're scheduled so there is no "extension to your shift". I pointed out that my contract was based on 1 FTE at 2080 hours ($35 hour / 72,800 annual) which is a 40 hour work week and I am scheduled to work more than that and I was told "you work the hours you're scheduled".
They never disputed that this Pay Policy applies to all Mid-levels including CNM, PA, NP. They never disputed that this was a current Policy that had been in effect for more than 1 year. They also never disputed that it doesn't apply to 2 (of the 3) of us who started before July 2012. And they refuse to change the schedules to only 40 hours and if we don't work then we can be fired. Also, most important to note is that all the PAs and NPs in the Department are scheduled for 40 hours. Only the CNM are scheduled for 44-48 hours.
I signed and accepted on July 2011 and first day of work was September 2011. Initially for the first 1-2 months my schedule was for 40 or 44 hours. But after that I have been scheduled every week either 44 or 48 hours with an example schedule below. If I am scheduled for 44 hours and need to take off 2 hours for a Dr appt I am required to take those 2 hours as PTO time.
Monday --- 8 hours in OB-GYN clinic
Tuesday -- 8 hours to remote OB-GYN clinic
Wednesday --- 8 hours in OB-GYN clinic
Thursday -- 12 hours in Hospital OB floor
Friday -- 8 hours in OB-GYN clinic
Every 4th Week --- 8pm to 8am overnight shift Hospital OB floor
The contract I signed when accepting the position states**************
I, xxxxxxx, accept the position of Certified Nurse Midwife for XXXX Women's Health - OB/GYN Pennsylvania location and associated outreaches of xxxx Clinic commencing on or before Sept 19, 2011. My initial base salary is $35.00/hour based on a 1.0 FTE ($72,800.00 annualized).
The Hospital/Clinic has their "Advance Practice Additional Coverage Recommendations for NPs and PAs" they adopted and states.....
1. Additional Coverage - Recommendations
a. on-call pay - $0
b. Extra hours in own department as an extension of the employee's current shift
.....i. if extra hours worked are less than a 4-hour block, no additional compensation is given
.....ii. If extra hours worked are equal to or greater than a 4-hour block, base plus $25 / hour for each hour worked including the initial 4-hour block.
c. Extra hours in own department as NOT an extension of the employee's current shift
.....i. if extra hours worked are less than a 4-hour block, no additional compensation is given
.....ii. If extra hours worked are equal to or greater than a 4-hour block, base plus $25 / hour for each hour worked including the initial 4-hour block.
d. Extra hours in own department when the employee is providing coverage for non-covered shifts.
.....i. if extra hours worked are less than 4-hours in a designated 24-hour period, no additional compensation is given
.....ii. If extra hours worked equal 4-hours or more in a designated 24-hour period, base plus $25 / hour for each hour worked including the initial 4-hour block.
e. And additional forms pf payment must be approved in advance by Human Resources
Appreciate any help you can offer in this mess. This is a chunk of money to me. Also, I have given notice with last day as May 16. A 2nd CNM who hired on Oct 2013 told them she will stay for the 1 year required by her contract but will not extend a 2nd year. The 3rd CNM who hire on in late 2012 is looking but has not found a new position.
Do they have to pay us the back pay? If so, how do I collect? What are my options?
I would attach the two relevant pages but I don't see that attachments are allowed. So I have provided excerpts below of my signed contract and the payment policy from HR.
The Hospital organization has an Advanced Practice Council that represents all Mid-level providers (NP, PA, CNM). The Policy I've listed below was presented by this Council and was adopted in July 2012 which is about 6 months after I started.
The Hospital's plan when I was to hire 5 Certified Nurse Midwives (CNM) and build an independent Midwife program separate from the OB department. This never happened and there has always been only 3 CNM. The 3 of us took the Policy to HR and requested our back pay. HR asked us for a copy of the policy stating we are to be paid additional for over 40 hours.
We were put off for almost 2 months until we were called into a meeting with HR and the Physician Heads and were told no. I have been employed the longest and specifically asked "but this is your own policy". I was told "you are scheduled for 48 hours so you work what you're scheduled so there is no "extension to your shift". I pointed out that my contract was based on 1 FTE at 2080 hours ($35 hour / 72,800 annual) which is a 40 hour work week and I am scheduled to work more than that and I was told "you work the hours you're scheduled".
They never disputed that this Pay Policy applies to all Mid-levels including CNM, PA, NP. They never disputed that this was a current Policy that had been in effect for more than 1 year. They also never disputed that it doesn't apply to 2 (of the 3) of us who started before July 2012. And they refuse to change the schedules to only 40 hours and if we don't work then we can be fired. Also, most important to note is that all the PAs and NPs in the Department are scheduled for 40 hours. Only the CNM are scheduled for 44-48 hours.
I signed and accepted on July 2011 and first day of work was September 2011. Initially for the first 1-2 months my schedule was for 40 or 44 hours. But after that I have been scheduled every week either 44 or 48 hours with an example schedule below. If I am scheduled for 44 hours and need to take off 2 hours for a Dr appt I am required to take those 2 hours as PTO time.
Monday --- 8 hours in OB-GYN clinic
Tuesday -- 8 hours to remote OB-GYN clinic
Wednesday --- 8 hours in OB-GYN clinic
Thursday -- 12 hours in Hospital OB floor
Friday -- 8 hours in OB-GYN clinic
Every 4th Week --- 8pm to 8am overnight shift Hospital OB floor
The contract I signed when accepting the position states**************
I, xxxxxxx, accept the position of Certified Nurse Midwife for XXXX Women's Health - OB/GYN Pennsylvania location and associated outreaches of xxxx Clinic commencing on or before Sept 19, 2011. My initial base salary is $35.00/hour based on a 1.0 FTE ($72,800.00 annualized).
The Hospital/Clinic has their "Advance Practice Additional Coverage Recommendations for NPs and PAs" they adopted and states.....
1. Additional Coverage - Recommendations
a. on-call pay - $0
b. Extra hours in own department as an extension of the employee's current shift
.....i. if extra hours worked are less than a 4-hour block, no additional compensation is given
.....ii. If extra hours worked are equal to or greater than a 4-hour block, base plus $25 / hour for each hour worked including the initial 4-hour block.
c. Extra hours in own department as NOT an extension of the employee's current shift
.....i. if extra hours worked are less than a 4-hour block, no additional compensation is given
.....ii. If extra hours worked are equal to or greater than a 4-hour block, base plus $25 / hour for each hour worked including the initial 4-hour block.
d. Extra hours in own department when the employee is providing coverage for non-covered shifts.
.....i. if extra hours worked are less than 4-hours in a designated 24-hour period, no additional compensation is given
.....ii. If extra hours worked equal 4-hours or more in a designated 24-hour period, base plus $25 / hour for each hour worked including the initial 4-hour block.
e. And additional forms pf payment must be approved in advance by Human Resources
Appreciate any help you can offer in this mess. This is a chunk of money to me. Also, I have given notice with last day as May 16. A 2nd CNM who hired on Oct 2013 told them she will stay for the 1 year required by her contract but will not extend a 2nd year. The 3rd CNM who hire on in late 2012 is looking but has not found a new position.
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