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Registered Nurse Overtime Lawsuits: Wage & Hour Laws

Registered Nurse Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about registered nurses:

What Is a Registered Nurse?

Registered nurses administer care to injured and/or disabled patients. They assess patients’ health problems and needs to determine and implement appropriate care plans. Licensing or registration is required to become a registered nurse.

What is the Salary Range for a Registered Nurse?

Depending on the work setting and state where registered nurses are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, RNs made between $47,120 and $102,990, with the average annual salary being approximately $72,000.

How Many Registered 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
2,857,180 0.6% $34.70 $72,180 0.3%

*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 RN is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $22.65 $27.01 $32.91 $40.27 $49.52

Where Are Most Registered 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
California 274,650 17.20 0.85 $48.92 $101,750
Texas 207,810 17.69 0.87 $33.84 $70,390
New York 180,730 19.87 0.98 $38.86 $80,830
Florida 174,710 21.25 1.04 $31.07 $64,630
Pennsylvania 139,480 24.27 1.19 $33.06 $68,770

Registered Nurse Overtime Pay Lawsuit News

Related Registered Nurse Overtime Pay Lawsuit News

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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 […]

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Read All Registered Nurse News on Overtime Pay Cases and Settlements

What are the Laws for Registered Nurse Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), nurses are generally entitled to overtime pay.  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.

Not all nurses are entitled to overtime pay under the FLSA.  Some nurses may be “exempt” from this mandatory law because they 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.

Registered nurses (RN) who are paid on an hourly basis do not fall under this “professional” exemption. However, registered nurses on a salary of at least $455 per week who are registered with a state examining board are typically ineligible for overtime pay under the learned professional exemption.

There are also different rules for nursing care facilities and assisted living facilities.  Nurses providing “home companionship” and home health nursing may not qualify either.  Further, nurses taking care of babies and infants in a private home may not qualify under the Act.

Is a Registered Nurse Entitled to Overtime Pay?

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, time-and-a-half overtime pay may be required.  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,” they are therefore not entitled to overtime wages for time worked beyond a 40 hour week.

An experienced overtime pay attorney will be able to definitively determine if you fall under the “professional” exemption or not as a registered nurse.

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

In general, healthcare institutions are required to provide overtime pay to registered nurses who are not considered under the FLSA’s “professional” exemption.

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, training outside of the workplace, such as continuing medical education, typically does not qualify as time worked for the employer.

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

To determine whether you are eligible for filing a wage claim, contact our experienced Registered 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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