Unpaid Overtime Claims from CNAs

Certified nursing assistants (CNAs) in hospitals, assisted living facilities and other medical establishments are among the employees who are particularly vulnerable to overtime violations.

Generally, an employee who does not meet a specific federal exemption should receive overtime pay when working more than 40 hours a week. Certified nursing assistants (CNA) typically do not fall under the learned professional exemption, regardless of training and work experience, as they are not required to obtain a specialized advanced academic degree to hold such a position. Therefore, under overtime law, certified nursing assistants who work in facilities other than private homes are typically entitled to earn overtime pay when working more than 40 hours in a single workweek. Additionally, CNAs who spend 20% or more of their time each week performing household duties, such as cleaning or doing laundry, should receive overtime pay, regardless of whether they work in a private home or medical facility.

Denied overtime as a CNA? Fill out our free legal consultation form today and our overtime attorneys will determine, at no cost to you, whether you can file an unpaid overtime lawsuit to recover back pay.

CNA Unpaid Overtime Lawsuits

Overtime violations are not uncommon in the health care industry and certified nursing assistants are among the medical employees negatively impacted by these illegal wage and hour practices. In fact, the New York Times reports that federal wage and hour investigators in Alabama and Mississippi are focusing on examining the pay practices of group homes and assisted living facilities. According to a labor enforcement official in Alabama, nursing assistants in these and other medical facilities are among the employees particularly vulnerable to wage and hour violations.

Overtime Attorneys for Nursing Assistants

If you have been denied overtime pay as a certified nursing assistant, it may be possible that your employer violated federal overtime law. When an employer fails to act in accordance with wage and hour regulations, affected workers may have legal recourse in the form of an unpaid overtime lawsuit. In successful cases, the plaintiff may be able to collect up to three years of back pay, an equal amount in liquidated damages and attorneys’ fees. To find out if you can file an unpaid overtime lawsuit, contact our overtime attorneys today for a free case review.