Healthcare Recruiter Overtime Pay Wage & Hour Laws
Healthcare Recruiter Overtime Lawsuits: Wage & Hour Laws

Healthcare Recruiter Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about healthcare recruiters:

What Is a Healthcare Recruiter?

Healthcare recruiters find physicians, nurses, and other healthcare specialists looking for employment and connect them with prospective employers. It is an all-encompassing job that involves communicating with prospective employees and employers from all over the world.

The duties involved in this line of work include:

  • Finding prospective candidates
  • Pre-qualifying candidates and performing background checks
  • Qualifying the healthcare candidates for specific jobs once screened
  • Interviewing candidates on the telephone
  • Arranging in-person interviews with the healthcare companies
  • Negotiation salaries and benefits for the healthcare job

Recruiters often work “in-house” for company or as an outside recruiter for a recruiting firm or agency.  Outside recruiters often work for many different employers at the same time trying to locate employees to fill healthcare jobs.  Some recruiters work at staffing firms to line up professionals for short term positions in different locations for a medical provider.

What is the Salary Range for a Healthcare Recruiter?

Depending on the work setting and state where healthcare recruiters are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, healthcare recruiters made between $34,770 and $101,420, with the average annual salary being approximately $65,000.

How Many Healthcare Recruiters Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
524,800 0.5% $31.20 $64,890 0.2%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a healthcare recruiter is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $16.72 $21.45 $28.45 $37.72 $48.76

Where Are Most Healthcare Recruiters Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 56,950 3.57 0.95 $36.18 $75,250
Texas 47,780 4.07 1.09 $31.54 $65,600
Florida 32,220 3.92 1.05 $27.49 $57,180
New York 31,580 3.47 0.93 $36.24 $75,380
Pennsylvania 22,520 3.92 1.05 $32.09 $66,740

Healthcare Recruiter Overtime Pay Lawsuit News

Related Healthcare Recruiter Overtime Pay Lawsuit News

medical overtime pay lawsHealthcare Service Company Settles Overtime Pay Lawsuit

ATLANTA — In 2013, a class action lawsuit was filed against Maxim Healthcare Services on behalf of healthcare recruiters who claim they were misclassified as overtime benefit exempt employees.


Read All Healthcare Recruiter News on Overtime Pay Cases and Settlements

What are the Laws for Healthcare Recruiter Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), healthcare recruiters may be entitled to overtime pay.  Even if you are paid salary as a healthcare recruiter, you still may be entitled to overtime pay. The specific job duties of a healthcare recruiter will determine whether or not they are eligible to receive overtime wages.

In one recent lawsuit, attorneys filed a collective/class action lawsuit on behalf of healthcare recruiters being cheated out of overtime by Maxim Healthcare Services, Inc., a home healthcare company.  Workers alleged that Maxim intentionally misclassified its recruiters as exempt in order to avoid paying them benefits.

Unfortunately, this is not an uncommon scenario, as many healthcare employers will often attempt to misclassify recruiters to evade paying the legally required overtime pay.  The classification in which they try to classify them as is often exempt under: (i) the Executive Exemption; (ii) the Administrative Exemption; and/or (iii) the Outside Sales Exemption.

For a healthcare recruiter to be classified as exempt they must regularly exercise discretion and independent judgment over matters of significance,  perform specialized or technical work under only general supervision, and determining or significantly influencing the hiring, firing, disciplining, or promoting of other employees.

Is a Healthcare Recruiter Entitled to Overtime Pay?

Most healthcare recruiting jobs require more than a typical forty hour work week.  Recruiters often work from home at night, making telephone calls to prospective candidates and researching important information on the internet.  The job also often requires lunch or dinner meetings after hours to meet with job candidates and their families.  Travel is often required for healthcare recruiters.

Healthcare recruiters may be entitled to paid overtime if worked in excess of 40 hours in a single work week. According to the FLSA, even if you are paid salary healthcare recruiter, you still may be entitled to overtime pay. Your job title is not a determining factor in eligibility to receive these benefits, but your specific job duties are.

It is important to consult with an experienced overtime pay lawyer to help determine if you have a possible case. These cases can quite complex and confusing due to state and federal overtime laws. An attorney will determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Does a Company Have to Pay Overtime Wages to a Healthcare Recruiter?

In many cases, yes, healthcare institutions or staffing agencies are required to pay overtime wages to healthcare recruiters. Whether or not a healthcare recruiter is entitled to overtime pay depends on the nature of their job, as well as any state laws that complement or contradict the FLSA.

In some cases, an employer will improperly classify the healthcare recruiter as a position that is exempt from overtime pay to avoid paying overtime wages.  This is illegal and in violation of the Fair Labor Standards Act (FLSA).

Lawsuits are being filed for recruiters who have not been properly paid overtime wages and these lawsuits seek unpaid overtime pay, attorney’s fees, and other damages. If you believe you are being denied overtime pay, it is important to consult an experienced overtime pay attorney to start your lawsuit.

What Companies Have Denied Overtime Wages to Healthcare Recruiters?

Our overtime pay lawyers frequently represent healthcare recruiters in overtime pay lawsuits against their employers. Maxim Healthcare Services, Inc. is one such company that recently underwent an overtime pay lawsuit.

Maxim is the subject of an unpaid overtime lawsuit filed by past and present employees who worked as Healthcare Recruiters and/or Staffing Recruiters.   The recruiters contend in the lawsuit that Maxim failed to pay them overtime wages and misclassified their positions to avoid paying overtime compensation.   The former employees are seeking thousands of dollars of back wages for time spent working in excess of 40 hours a week.  Employees contend that they were required to work on call, work from home, and attending flue clinics.  Both staffing recruiters and homecare recruiters can participate in the lawsuit, even if they were salaried employees.

Employers are often accused of misclassifying an employee’s job title or position to avoid paying overtime wages.  The Maxim Healthcare overtime lawsuit alleges that Maxim had a misclassification policy in effect for several years prior to the filing of the lawsuit and allowed employees to work overtime with paying additional wages.   The lawsuit also claims that Maxi failed to pay overtime compensation upon termination of a healthcare recruiter and did not provide an itemized wage statement showing accurate hours worked and accurate pay rates.  Finally, the Maxim Healthcare Staffing lawsuit also alleges that the company did not keep accurate timekeeping records.

The unpaid overtime class action lawsuit is seeking to represent all current and former salaried workers of Maxim Healthcare, including other healthcare recruiters, homecare recruiters, staffing recruiters, and senior recruiters who were employed by Maxim Healthcare at any time during the past three years.

To determine whether you are eligible for filing a wage claim, contact our experienced Healthcare Recruiter Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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