Database Search Result Details
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First Name
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Sonya
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Last Name
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Butcher
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Decision Date
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4/17/2019
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Docket Number
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2018-1351-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Nurse 4
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Topics
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Overtime
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Primary Issues
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Whether Respondent’s actions were arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Rhodes v. Div. of Corrections, Docket No. 2009-0014-MAPS (April 23, 2010); Dewese v. Dep't of Health and Human Resources, Docket No. 2009-1263-DHHR (April 28, 2010)
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Keywords
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Overtime; Policy; Fair Labor Standards Act; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed as a Registered Nurse at the William R. Sharpe, Jr. Hospital. Since Grievant has been working as a Nurse, she has sometimes worked more than forty hours in a workweek. Grievant is then required to take compensatory time for the time she works over her usual hours. Grievant maintains that she is entitled to be paid at least straight-time pay for all hours she has worked in excess of forty hours. Under the Fair Labor Standards Act and applicable policy, Respondent properly compensated Grievant, an exempt employee, for her hours worked during the period in question. Grievant has not shown that Respondent has violated any law, rule, regulation or policy. Therefore, this grievance is denied.
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