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Nurses Overtime Pay For Starting Shift Early

WASHINGTON D.C — Nurses are often required to start their shift early by arriving at work often more than thirty minutes before the official shift start time.    This happens to RNs, LPNs, and CRNAs who work at hospitals, clinics, nursing homes, assisted living centers and physician offices.  Often this is for a pre-shift meeting with the nursing staff handing off the previous shift and for reviewing charts before starting a shift.

For example, a nurse on the 11:00 p.m. to 7:00 a.m. shift may be required to be at work at 10:30 p.m. but does not start getting paid until the start of the 11:00 p.m. shift.  This is a violation of the Fair Labor Standards Act.  Overtime pay is often required under these circumstances, but many employers either refuse to pay it or deny that it is owed to the nurse.

A nurse who is not paid overtime or refused overtime pay does have legal recourse to recover unpaid wages.  Nurses can file claims with their employer, an individual lawsuit, or an unpaid overtime class action lawsuit.  These claims and lawsuits help nurses get the unpaid overtime pay that is owed to them, even dating back several years from a past or present employer.

Under Federal Law, 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 were not paid for starting your shift early, we can file a unpaid overtime lawsuit 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.

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