Nursing overtime lawsuits are being filed throughout the United States and for good reason. Many hospitals, clinics, and doctor’s offices require that nurses work more than 40 hours per week but do not pay them overtime. Nurses are often required to work before the start of a shift and after a shift is over, either to finish up with a patient or to complete their charting. Other times, nurses work through their lunch and meal breaks and are not compensated with overtime pay.
Under the Fair Labor Standards Act (FLSA), employees must be paid for all hours worked. This includes work performed before or after shifts, during scheduled meal breaks, meetings, and 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. If a nursing shift ends but the nurse is required to stay in the hospital after the shift has ended, then he or she is entitled to overtime pay.
Not all nurses are entitled to overtime pay from their employer because of federal exemptions. These nursing positions are typically entitled to overtime pay at a time-and-a-half rate their normal pay rate:
– 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) are entitled to overtime pay
– Most nursing home nurses and assisted living nurses who are paid on an hourly basis and who work more than 40 hours a week are entitled to overtime pay
The Fair Labor Standards Act (FLSA) generally requires an employee pay rate of at least the federal minimum wage of $7.25 per hour, and payment of one-and-a-half times the regular rate of pay for any overtime hours worked in excess of 40 each week, unless employees are found to be exempt.
There are certain nursing professionals who are exempt from receiving overtime pay under the federal law, meaning that they are not entitled to overtime pay. Under the law, these nurses are considered “learned professionals” and may be exempt from overtime pay depending on their actual job duties. 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.
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. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.
To determine whether you are eligible for filing a wage claim, contact our experience 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.