Nurses frequently work more than 40 hours a work week at hospitals, clinics, nursing homes, and physician offices. Even with a schedule for a 40 hour week, it is common for all types of nurses to spend more time at the job. This includes arriving early, staying late, and working through meal breaks. In many situations, nurses are not getting overtime pay from their employer even though entitled to it under Federal Law.
In general, the following nurses would be eligible for overtime pay if they worked longer than 40 hours within seven consecutive days:
- Registered nurses (RN) who are paid on an hourly basis. (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.)
- Most licensed practical nurses (LPN), as they do not need a specialized advanced degree, and therefore do not qualify for the professional exemption and must receive overtime pay.
- Most nursing home and assisted living employees, including Certified Nursing Assistants (CNA), who are paid on an hourly basis and who work more than 40 hours a week.
If you are a nurse and you believe you are owed overtime pay against a present or past employer, 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.