Nurses and Home Care Workers

Nurses and home care workers are among the employees who are most commonly cheated from their earned overtime wages. Some of the rules for overtime pay for healthcare workers are explained below.

Registered nurses who are paid on an hourly basis must be paid overtime pay under the Fair Labor Standards Act (FLSA) for working more than 40 hours in a week. Registered nurses (RN’s) who are paid on a combination salary or fee basis (such as being paid per house visit) and hourly basis (for attending meetings and completing paperwork) generally must also be paid overtime pay.

Licensed practical nurses (LPN’s) and other similar healthcare employees generally must be paid overtime pay. LPN’s are generally entitled to overtime pay, even if paid a salary.

Home care staffing agencies and third-party employers are required to pay at least the federal minimum wage and overtime pay to any direct care workers, regardless of the worker’s duties. Home care staffing agencies must also pay their direct care workers the federal minimum wage and overtime. Often, these employees are paid a “day-rate,” as opposed to overtime pay for hours worked over 40 hours a week. This is illegal, Also, employers sometimes try to avoid paying for overtime by excluding “sleep time” even when employees do not receive an uninterrupted sleep period.

If you work as a nurse or home care worker, work more than 40 hours a week and are not paid overtime pay, please contact Werman Salas P.C.

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