Nurses work long and tiring hours and frequently work more than 40 hours a work. This includes RNs, LPNs, and CRNAs who are employed at hospitals, clinics, nursing homes, assisted living centers and physician offices. Frequently, nurses work more than their scheduled 40 hour per week shift due to the demands of the job and tasks that need to be completed before they leave for home after a shift. For many nurses, overtime pay is required by federal law but not paid by the employer.
When a nurse is not paid overtime or refused overtime pay, there is 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.
Nurse overtime pay lawsuits are filed because the employer has not paid for time spent at work beyond the 40 hours. This work includes arriving early before a shift, staying late, and working through meal breaks. In many situations, nurses are not paid overtime from their employer even though entitled to it under Federal Law.
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 you believe you are owed overtime pay against a present or past employer, even dating several years back, 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.