Unpaid Overtime Claims from Nursing Home Employees

In general, nursing home employees who are paid on an hourly basis should receive overtime pay when working more than 40 hours a week.

Generally, to be ineligible to collect overtime wages, an employee must be paid on a salary basis of at least $23,600 ($455 per week) AND perform the job duties of an “exempt” employee. Therefore, while there are rare exceptions, most hourly employees, including those working in nursing homes and assisted living facilities, are entitled to overtime wages. Hourly nursing home employees who were denied overtime pay may have been improperly classified as exempt from overtime wages or otherwise subjected to an illegal wage and hour practice.

Denied overtime as an hourly nursing home worker? Fill out our free case evaluation form today and we will determine whether you are eligible to collect up to three years of unpaid overtime.

Overtime Lawsuits: Assisted Living Facility Employees

Nursing home employees who are paid on an hourly basis are generally entitled to time-and-a-half compensation and can file unpaid overtime lawsuits if they have been wrongfully denied overtime pay. A federal district court ruled in 2010 that hundreds of current and former hourly workers of Heritage Enterprises may proceed in an overtime class action lawsuit against the Illinois-based nursing home holding company. According to the unpaid overtime claim, the hourly nursing home and retirement facility workers, which included nurses, technicians, therapists and clerks, were subjected to an automatic meal break deduction policy which was implemented through a computerized time and attendance system. For every shift worked, the system would deduct a 30-minute meal period. However, the hourly nursing home employees alleged that they commonly worked through meal periods and were never compensated for this time. As a result, the workers were illegally deprived proper overtime pay.

Overtime Lawyers for Nursing Home Workers

If you have been denied overtime wages as an hourly worker in a nursing home, assisted living facility or similar establishment, you may be able to file an unpaid overtime lawsuit. While each case varies, successful overtime lawsuits can award the plaintiff with up to three years of unpaid overtime, as well as an equal amount in liquidated damages and attorneys’ fees. To find out if you are entitled to financial compensation, complete our no obligation case review form. Our overtime attorneys are offering this initial case evaluation at no cost and are dedicated to protecting the rights of nursing home employees who were denied overtime pay.