Are you a nurse? Were you denied overtime pay for your hard work? Contact us today for a free consultation.
Are nurses entitled to overtime pay? It is a question we often get from nurses curious to know whether the hospitals, nursing homes, and assisted living facilities are illegally denying them overtime pay.
The Fair Labor Standards Act (FLSA) protects several employees, including nurses and other healthcare workers. It requires that employees get compensated for the extra hours worked in a 40-hour workweek at a rate of one-and-a-half (1.5) times their regular rate.
Unfortunately, some employers will try all possible means to avoid paying overtime. For instance, they may intentionally fail to track all hours worked. At The Hedgpeth Law Firm, PC, we understand the tricks employers use to avoid overtime costs. We’ve helped thousands of employees hold employers accountable for unpaid overtime wages.
Nurse Overtime Pay Rules: Are You Eligible?
Working beyond the 40-hour workweek does not automatically give you the right to overtime pay. You must satisfy all the FLSA non-exempt requirements. If you are an exempt nurse, you can’t claim compensation, regardless of the overtime hours worked.
Registered Nurses (RNs) & Certified Nursing Assistants (CNAs)
If you are a registered nurse, here are two questions to consider:
1. How are you paid?
2. Do your nursing duties match that of a learned professional?
Nurses who get paid hourly wages are eligible for overtime pay. Certified nursing assistants (CNAs) are typically paid by the hour and entitled to overtime unless they are employed directly by the patient or the patient’s family.
Salaried nurses might be overtime-exempt if they make at least $684 weekly ($35,568 annually). Nurses registered with the Texas examining board are grouped as learned professionals because their work requires exercising discretion and judgment. This group of workers with advanced knowledge does not receive overtime pay.
Licensed Practical Nurses (LPNs) & Licensed Vocational Nurse (LVNs)
The Department of Labor, through FLSA, does not classify LPNs, LVNs, and other similar health care employees as learned professionals. No level of training or experience will make them learned professionals. Therefore, they are typically eligible for overtime pay.
Ways Hospitals Violate Overtime Rights of Nurses
The Hedgpeth Law Firm, PC, has been on the frontline of protecting overtime-qualified employees from employers who are non-compliant with the FLSA requirements. If a hospital is employing dodgy tactics to avoid paying you overtime wages, we can help you file an unpaid wage claim. We can recover all your unpaid wages, plus liquidated damages.
Over the years that we have been helping nurses and other Texas employees, we’ve come across several types of overtime violations committed in hospitals, nursing homes, and assisted living centers. They include:
· Assuming all salaried RNs as overtime-exempt
· Misclassifying CNAs, LVNs, and LPNs as exempt learned professional
· Misclassifying nurses as 1099 workers or independent contractors
· Requiring or allowing nurses to work off the clock without paying them (unpaid meal breaks and pre-shit or post-shit work time)
· Failure to include the time a nurses spends on training, seminars, and meetings
· Failure to count travel time between visits.
Contact The Hedgpeth Law Firm Today To Schedule a Free Consultation
Not sure whether you’re entitled to receive overtime? Or, do you have reasons to believe your employer owes you money in unpaid overtime wages? It’s time to speak with a trusted Texas nurse overtime pay and claims lawyer.
At The Hedgpeth Law Firm, PC, we have the answers you may be looking for. We will assist you in understanding your overtime rights and determine the best legal action to take. Call (281) 572-0727 to schedule a free consultation.