Common Overtime Pay Violations Experienced by Nurses

Thanks to the Fair Labor Standards Act, employees working in America are able to receive protection from any unfair labor practices. Among the many things that the FLSA assures employees is their right to receive proper wages for work rendered outside their regular 40-hour weekly schedule. Overtime pay should be no less than 1.5 times more than an employee’s regular rate of pay. For employees earning the federal minimum wage of $7.25 per hour, overtime pay should mean getting an additional $3.63. This should mean that minimum wage employees should be paid $10.88 for every hour worked over their typical schedule.

While the FLSA identifies certain professions as exempted from overtime pay, a lot of employers insist on short-changing even those employees that do qualify for the additional 1.5 hourly rate. Among the many workers that experience overtime pay violations are nurses and other healthcare employees in nursing homes and assisted living centers. Common violations experienced by these individuals include being required to work off the clock and having time deducted from their meal period. It’s also common for these employees to have to start preparing for work before the official start of their shift and continue working long after their shift ends. Sometimes, nurses are also required to go to meetings, seminars, and training programs without being properly paid for their time. According to Leichter Law, many nurses are misclassified by their employers, identifying them as exempt employees simply because they are salaried employees. This is especially true for LVNs and LPNs. They do not qualify as exempt professionals and are entitled to the same overtime pay regulations charted in the FLSA.

Aside from nurses, many other individuals experience overtime pay violations and aren’t able to receive proper compensation for all their hard work. Whether you are a salaried employee, independent contractor, or hourly employee, unless your profession is explicitly exempted by the FLSA, you are entitled to receive overtime wages at the government-mandated rate.

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