Licensed Practical Nurse Overtime Pay Wage & Hour Laws
Licensed Practical Nurse Overtime Lawsuits: Wage & Hour Laws

Licensed Practical Nurse Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about licensed practical nurses:

What Is a Licensed Practical Nurse?

Licensed practical nurses care for ill and injured patients, as well as people with disabilities. Licensing is required to become an LPN, and in some cases they work under the supervision of a registered nurse.

LPNs can work in hospitals, nursing homes, clinics, group homes, private homes, and similar healthcare institutions.

What is the Salary Range for a Licensed Practical Nurse?

Depending on the work setting and state where licensed practical nurses are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, LPNs made between $32,510 and $60,420, with the average annual salary being approximately $45,000.

How Many Licensed Practical Nurses 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
702,400 0.6% $21.56 $44,840 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 an LPN is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $15.63 $17.81 $21.20 $24.63 $29.05

Where Are Most Licensed Practical Nurses 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
Texas 70,810 6.03 1.21 $22.17 $46,110
California 68,110 4.27 0.85 $25.32 $52,670
New York 46,990 5.17 1.03 $22.68 $47,170
Florida 44,820 5.45 1.09 $20.65 $42,960
Ohio 39,920 7.48 1.49 $19.87 $41,320

Licensed Practical Nurse Overtime Pay Lawsuit News

Related Licensed Practical Nurse Overtime Pay Lawsuit News

Labor Department Resolves Overtime Pay Dispute with Minneapolis Employment Agency

MINNEAPOLIS, MN — The U.S. Department of Labor recently announced that a District Court judge handed down a judgement against an Minneapolis, Minnesota employment agency accused of failing to pay overtime wages almost 100 health care workers. Under the terms of the agreement, defendant All Temporaries Midwest Inc. and its owner, Mark Liveringhouse, will pay […]


San Francisco Nurses File Class Action Unpaid Overtime Lawsuit

SAN FRANCISCO — A group of San Francisco nurses and hospital staff recently filed an unpaid overtime lawsuit against their employer, Sutter West Bay Hospitals.


Read All Licensed Practical Nurse News on Overtime Pay Cases and Settlements

What are the Laws for Licensed Practical Nurse Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), employers are generally required to pay licensed practical nurses overtime for all hours worked over 40 in one week. Overtime wages must equal one and one half times the worker’s regular rate of pay.

Although not all nurses can receive overtime pay wages under the Federal Labor Standards Act (FLSA) because they are considered “professionals” under the law, this typically does not apply to a Licensed Practical Nurse.  Most LPNs are not exempt from the overtime laws because they do not need a specialized advanced degree.  Therefore, the employer must pay them overtime wages.

In calculating the number of hours worked in a day, the employer must consider all required work performed both before and after a shift, any scheduled meal breaks, staff meetings, and required paid training. Hours worked include hours worked at all facilities and departments or on-call, and the regular rate should include shift differential, bonuses or on-call fees.

However, there are different rules for nursing care facilities and assisted living facilities.  Also, an LPN providing “home companionship” and home health nursing may not qualify for overtime pay.  Further, nurses taking care of babies and infants in a private home may not qualify under the Act.

In addition, some states have their overtime pay laws that differ slightly from the FLSA.  Some states have enacted overtime laws with respect to the number of hours an employee can work within a 24-hour span before receiving overtime pay.

It is best to consult an experienced overtime pay attorney, who will be able to interpret your particular case within all the applicable laws.

Is a Licensed Practical Nurse Entitled to Overtime Pay?

License Practical Nurses (LPN) often work long and stressful hours at hospital, skilled nursing facilities, clinics, and medical offices. In general, nurses are entitled to overtime pay under the Fair Labor Standards Act (FLSA), as they usually do not fall under the “professional” or “administrative” FLSA exemptions.

Under this law, overtime pay may be required when a nurse works longer than 40 hours within seven consecutive days.  Many nurses work long 12 hour shifts and adding a full or partial shift in one week can put them over the limit.  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.

If you are a licensed practical nurse and worked overtime without being paid for it by your employer, you may be entitled to file an unpaid overtime lawsuit.

Does a Hospital or Clinic Have to Pay Overtime Wages to a Licensed Practical Nurse?

In many cases, a healthcare facility is required to pay overtime wages to licensed registered nurses as mandated in the FLSA.

An LPN must be paid for all hours worked, including work performed before or after shifts, during scheduled meal breaks, meetings, and paid training. Hours worked include hours worked at all facilities and departments or on-call, and the regular rate should include shift differential, bonuses or on-call fees.

If you are a Licensed Practical Nurse and worked overtime without being paid for it by your employer, you may be entitled to file an NP overtime pay lawsuit.  These lawsuits are often filed by an entire group of nurses against a hospital or medical facility for payment of back overtime wages.  There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced Licensed Practical Nurse 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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