Nurses Denied Overtime Pay

Licensed practical nurses and registered nurses who are paid on an hourly basis are generally classified as non-exempt employees and therefore should receive overtime pay when working more than 40 hours a week.

Illegal wage and hour practices are not uncommon in the healthcare industry. In fact, the New York Times reports that the Obama administration is investigating the pay practices of hospitals, nursing homes and similar establishments after learning that healthcare facilities throughout the nation are allegedly denying overtime wages to nurses and other medical employees who work more than 40 hours a week. U.S. hospitals have already paid millions of dollars to settle unpaid overtime lawsuits and many more are facing similar class action employment lawsuits. For instance, in March 2009, Tenant Healthcare Corp. agreed to pay $85 million to settle a claim with California nurses who were denied overtime pay when working 12-hour shifts. The unpaid overtime case alleged that the health services provider reduced the hourly rate for certain employees so their net wages remained the same after they earned overtime pay during extended shifts.

Denied overtime as a nurse? You may be able to file a lawsuit to collect unpaid overtime. Fill out our free case review form today and our overtime lawyers will determine your eligibility for an unpaid overtime lawsuit.

Overtime Pay for Hourly Nurses and LPNs

Generally, registered nurses (RN) who are paid on an hourly basis should receive overtime pay. (Registered nurses who receive a salary of at least $455 per week and are registered with the appropriate state examining board are typically ineligible for overtime pay under the learned professional exemption.) Similarly, licensed practical nurses (LPN) are typically eligible for overtime pay, regardless of training or work experience, as they are not required to obtain a specialized advanced degree to perform their jobs.

Meal Breaks for Nurses

According to federal labor law, bona fide meal breaks are not considered work and therefore do not need to be compensated. However, meal breaks for hourly employees must been uninterrupted. If a nurse who is paid on an hourly basis is interrupted during her break, she must be compensated for this time. Taking phone calls, consulting with doctors or speaking with family members of patients are common interruptions occurring among nurses and other healthcare workers. Essentially, if an hourly hospital employee is not completely relieved of duty during their meal period, they must be compensated for this time.

Overtime Lawyers for Nursing Home and Hospital Nurses

Our overtime attorneys are currently offering a free legal consultation to all nurses who were denied time-and-a-half pay for their overtime hours. At no cost to you, our overtime lawyers will review your claim to determine if your employer acted in accordance with federal overtime law and establish whether you have a case to recover back pay. We have a full understanding of applicable overtime laws and remain committed to protecting the rights of employees who were unfairly denied overtime. If you are employed as a nurse and have been denied overtime pay, do not hesitate to contact us for a free case review today.