This is probably a good time to address a rather ticklish staffing-related issue in long-term care: overtime pay.
It’s a ticklish matter for a number of reasons. But two in particular stand out.
One is that most long-term care employers don’t like to pay overtime — or at the very least, prefer to keep such payments at an absolute minimum. The second is that despite the wishes of most employers, overtime is a practical necessity at many facilities.
Put those things together and what do you get? Well, for one, some very, shall we say, interesting worker classifications and wages accounting practices.
Which is a polite way of saying that out of need or choice, many a provider is not paying nonexempt employees enough for their overtime services.
Not that this sector has a monopoly on the practice.
For example, Google last week agreed to reimburse workers $8.4 million to resolve the company’s “miscalculation” of overtime payments. Also last week, Georgetown University announced it will pay up to $550,000 to settle unpaid overtime allegations.
In July, Maryland’s Department of Public Safety and Correctional Services agreed to pay a whopping $13 million settlement. That was the result of failing to pay correctional officers for time worked beyond 40 hours a week.
The list continues, but the lesson should be clear: Failure to meet overtime requirements is hardly a risk-free proposition.
So what is a long-term care operator wishing to stay off the naughty list supposed to do? Here are four helpful tips from wages and overtime experts:
• Understand the overtime laws that apply — including federal, state and local dictates.
• Properly classify employees as being either exempt or non-exempt
• Maintain accurate records
• Train managers and supervisors — particularly about your facility’s overtime policies, employee classifications, and the importance of adhering to labor laws
To be sure, these extra steps can be a real hassle. But they are a relative bargain. Especially when compared to the legal and other costs that can accompany charges of overtime parsimony.
John O’Connor is editorial director for McKnight’s.
Opinions expressed in McKnight’s Long-Term Care News columns are not necessarily those of McKnight’s.
