Texas Nurse Overtime Claims Attorney

The Fair Labor Standards Act (FLSA) generally requires that employees who work more than 40 hours in a week receive overtime pay at a rate of one and one-half times their regular rate. Sometimes employers in the healthcare industry may pay overtime for hours worked over eight in any workday and eighty hours in a fourteen-day work period. Regardless of the method used to calculate overtime, many nurses and healthcare workers are entitled to overtime pay.

Employees of Nursing Homes, Assisted Living Centers, and Home Health Agencies, and Hospitals are often the victims of overtime wage theft. Common overtime violations include:

Nursing Homes, Hospitals, and Assisted Living Centers:

  • Requiring work off the clock.
  • Automatic time deduction for meals when the employee does not receive an uninterrupted meal period.
  • Working or preparing for a shift before the shift begins.
  • Completing job duties and patient care after the shift ends.
  • Completing charts and notes after the shift ends.
  • Unpaid meetings, training, and seminars.

Home Health Agencies:

  • Fixed rate per visit without an increase for hours over 40 in a week.
  • Failure to pay for travel time between visits.
  • Unpaid meetings, training, and seminars.
  • Failure to pay for charting at home or after hours.

Other common violations:

  • Misclassifying employees as exempt employees simply because they are paid a salary. Just because an employee receives a salary does not mean they are not entitled to overtime pay.
  • Misclassifying LVNs and LPNs as exempt professional employees. These nurses do not qualify as exempt professional and are almost always entitled to overtime pay.
  • Misclassifying RNs as exempt professional employees when they are not working in a clinical setting. For example, RNs working as Medical Coders and Utilization Review Nurses are often entitled to overtime pay, even if they receive a salary.
  • Misclassifying nurses as “Independent Contractors.” Nurses working through medical staffing companies are often labeled as contractors or 1099 employees and receive the same hourly rate for all hours worked, even those over 40 in a workweek. Even so-called contract workers are often entitled to overtime pay.

If you have worked as a nurse and have worked more than 40 hours per week without receiving additional compensation for overtime, then you need to speak with a qualified overtime attorney today. Our Board Certified Employment Law Specialist and may be able to help you recover up to three years of overtime back payments. Call Leichter Law Firm PC at (956) 205-0884 to learn more.