In general, overtime pay to nurses is required under the Fair Labor Standards Act (FLSA) for more than 40 hours worked in a single work week. Under this law, overtime pay may be required when a nurse works longer than 40 hours within seven consecutive days. Some states have also enacted overtime laws with respect to the number of hours an employee can work within a 24-hour span before receiving overtime pay.
However, there are some exemptions, if nurses are considered “learned professionals,” and therefore not entitled to overtime wages for time worked beyond a 40 hour week. The learned professional exemption specifies that a nurse’s primary work duty must require advanced knowledge in science or learning acquired through specialized and prolonged intellectual instruction, and be intellectual work that requires consistent discretion and judgment.
If you are a nurse and your employer owes you overtime wages for work performed, even dating several years back, we can file a claim for you to recover the unpaid wages that you are owed. Call our top rated law firm today at (855) 754-2795 for a free, no obligation case review. We will represent you under our No Fee Promise, which means there are no legal fees or costs unless you receive a settlement.