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Couple Questions

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What is the name of your state? TX

In our department, we are not allowed to receive any overtime unless it is just unavoidable. There are situations that I find questionable in regards to their way of controlling it such as:

Let's say you work 2 hours over your scheduled shift, which would mean by the end of your scheduled week, you'd have 42 hours. Normal practice for them is to send you home 2hours early on day before the pay period ends, or to have you come in later one day.

Is that legal for them to do that?

Secondly, I am receiving feedback from one of my subordinates about performing duties that we ask of them.

At a hospital, when there is a suicidal/homicidal patient, and doctors orders that state the patient should be detained...is it okay if our security department detains these people? This guy is stating (former sheriff) that detaining these people is not within a security officers legal rights of enforcement. That only LEO's can detain citizens, and they have no more power to arrest, detain, or anything of that nature than a normal citizen.

Basically, he refused over the last couple days to detain this woman while she was on doctors orders, although she never tried to leave on his watch. She tried to leave when she was first here and fought with a couple officers as they carried her back to her room to ensure she stayed here.
 


eerelations

Senior Member
Let's say you work 2 hours over your scheduled shift, which would mean by the end of your scheduled week, you'd have 42 hours. Normal practice for them is to send you home 2hours early on day before the pay period ends, or to have you come in later one day.

Is that legal for them to do that?
It's legal aslong as the leaving early/coming in late occurs during the same payweek that the OT occurred.

For example, if your payweeks run Sundays to Saturdays and you work two hours' OT on Wednesday, your employer can legally avoid paying you OT pay if you're allowed to leave early/come in late two hours before Sunday of that same week.

If the leaving early/coming in late happens on or after that particular Sunday, then your employer is legally required to pay you two hours' pay at OT rates.

Regarding whether SOs are allowed to physically detain people, your local law enforcement office will know all about what's allowed and what's not. Work with them, and your hospital administration, to determine parameters for your SOs. (And no, don't ask the doctors - they will most likely not know.)
 

cbg

I'm a Northern Girl
BTW, it is also legal if they REQUIRE you to go home early/come in late before the end of the work week. They have no legal obligation to allow you to incur overtime.
 

xylene

Senior Member
About the security thing...

YOU NEED TO REPORT THAT TO HOSPITAL ADMINISTRATION!

The board and hospital lawyer are responsible for setting policy.

It is NOT the job of security guard to set ANY policy on restraint. Even if he was a police officer in a previous job.

That is like a janitor setting infection control policy.

If hospital admin hears about this, they might can this guy.
 

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