Nurse Practitioner Overtime Pay Wage & Hour Laws
Nurse Practitioner Overtime Lawsuits: Wage & Hour Laws

Nurse Practitioner Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about nurse practitioners:

What Is a Nurse Practitioner?

A nurse practitioner is a registered nurse who has a specialized graduate degree. Nurse practitioners can diagnose and treat acute, episodic, and chronic illness independently or as part of a medical team. They can also prescribe medication.

What is the Salary Range for a Nurse Practitioner?

Depending on the work setting and state where nurse practitioners are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, nurse practitioners made between $72,420 and $140,930, with the average annual salary being approximately $105,000.

How Many Nurse Practitioners 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
150,230 1.3% $50.30 $104,610 0.5%

*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 nurse practitioner is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $34.82 $41.81 $48.52 $57.91 $67.76

Where Are Most Nurse Practitioners 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
New York 13,060 1.44 1.34 $54.55 $113,450
California 12,740 0.80 0.75 $59.78 $124,330
Florida 8,940 1.09 1.02 $45.99 $95,650
Texas 8,890 0.76 0.71 $52.91 $110,060
Ohio 6,650 1.25 1.16 $47.92 $99,680

Nurse Practitioner Overtime Pay Lawsuit News

Related Nurse Practitioner Overtime Pay Lawsuit News

Nurse-Overtime-Pay-LawsDozens of California Nurses File Unpaid Overtime Complaints with State Regulators Against Palm Spring Hospital

LOS ANGELES — According to a report by The Desert Sun, dozens of nurses working for a California hospital have filed various labor and wage claims against the facility claiming they are owed thousands in unpaid overtime pay.


Read All Nurse Practitioner News on Overtime Pay Cases and Settlements

What are the Laws for Nurse Practitioner Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), Nurse Practitioners (NP) are generally entitled to overtime pay in most states throughout the United States.

Many types of jobs are considered “exempt” from the Fair Labor Standard Overtime Laws (FLSA), which means that employees working in those positions are not entitled to overtime pay wages for hours worked in excess of 40 hours per week.   One class of “exempt employees” is the “professional” exemption, which applies to physicians, lawyers, and similar professions.  Although Registered Nurses are not considered “exempt” and must be paid overtime pay, an employer could argue that certain types of advanced practice nurses, like a Nurse Practitioner, are not entitled to overtime.  This issue was addressed in a federal court decision back in 2005.

In Belt v. EmCare, Inc., the Fifth Circuit Court of Appeals addressed for the first time whether nurse practitioners (NPs) and physician assistants (PAs) must be paid a salary to qualify for the overtime exemption. The complaining NPs and PAs provided health care services for hospital emergency rooms in twenty states. The hospital system paid the Nurse Practitioners on the same hourly basis for all hours worked, including overtime. The Nurse Practitioners sued under the FLSA, claiming that hospital violated the statute by failing to pay them time and one-half compensation for overtime.

The Fifth Court of Appeals held that Nurse Practitioners were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay.  The Court held that they were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for Nurse Practitioners.  An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Is a Nurse Practitioner Entitled to Overtime Pay?

Yes, nurse practitioners (NP) are often entitled to overtime pay for more than a 40 hour work week in most states throughout the United States. In a 2005 federal court decision, it was determined that nurse practitioners do not fall under the FLSA’s “professional exemption,” and therefore, NPs are entitled to overtime pay.

The Court held that they were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week. 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. Training outside of the workplace, such as continuing medical education, typically does not qualify as time worked for the employer.

Depending on where you live, the failure of the employer to pay required overtime pay can give rise to a nurse practitioner overtime pay lawsuit. Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for nurse practitioner.

An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Are Nurse Practitioners Exempt From the FLSA Overtime Laws?

No, nurse practitioners (NP) are not exempt from the Fair Labor Standards Act (FLSA). In the Belt v. EmCare, Inc. case the Fifth Circuit Court of Appeals held that Nurse Practitioners were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay. In addition, the Fifth Circuit Court of Appeals held that physician assistants were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

Can a Nurse Practitioner File a Class Action Unpaid Overtime Lawsuit?

Yes, a nurse practitioner (PA) may be able to file a class action unpaid overtime lawsuit if multiple employees at the same company are being denied overtime wages.

Wage and Hour lawsuits can be filed as individual lawsuits or collective actions, also known as “class action lawsuits.”

The FLSA provides employees the right to a file private action against an employer for unpaid minimum wages and overtime pay. These lawsuits are brought by one employee against the employer and other similarly situated employees have no involvement in the case.

Overtime pay lawsuits can also be filed by an entire group of nurse practitioners against a hospital or medical facility for payment of back overtime wages. Class action lawsuits can provide each employee with more strength in numbers to fight against a large business and their high-paid legal team.   An employee can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.

There are strict time deadlines for filing both individual and class action 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 Nurse Practitioner 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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