Texas Nurse Overtime Claims Attorney
The Fair Labor Standards Act (FLSA) 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.
As stated, the law requires that employers pay certain employees additional wages for hours worked above the typical 40-hour week. Unfortunately, there are many situations in which employers choose not to follow these laws, choosing instead to overlook extra hours completed by the employee or they simply choose to pursue profits at the expense of their workers.
Fortunately, in these situations, workers can take legal action to recover their due compensation. Leichter Law Firm PC understands that it can be hard for workers in Austin to understand their rights when it comes to overtime pay, so having a lawyer on your side when dealing with wage-related issues can make getting the fair treatment and compensation easier when you know that you have an advocate.
If you believe that an employer has unfairly compensated you for your overtime wages, you have the right to seek fair treatment and get the rightfully owed money that is due to you. Our aggressive legal team at the Leichter Law Firm PC understands how hard Austin residents work for their paychecks and we believe that any employer who does not adequately compensate their employee should be held accountable. Our Austin overtime nurse claims attorneys know that it is not acceptable behavior for an employer to mistreat their employees by not fully paying them. Our understanding and skilled lawyers will review the details of your case and we can get you the fair compensation that you deserve. Leichter Law Firm PC has the in-depth experience to assist workers in getting the appropriate treatment and compensation that they deserve, so give us a call at (956) 205-0884, or you can complete our online form or chat live on the website.
Do I Need A Wage and Overtime Attorney?
If you don’t believe that you are getting your fair wages from your employer, you likely have questions about what action you can take to recover those wages and hold your employer accountable. When will I get paid my overtime pay so I can take care of my bills? Is there a risk of getting fired if I dispute my paycheck? Do I need an attorney? If your employer failed to pay you the wages you have earned, you might be legally entitled to file a lawsuit. Keep in mind; it may be difficult to get the compensation that you deserve without having a lawyer to represent you against your employer. Leichter Law Firm PC have the experience to help you take action, and we are ready to fight for the wages you are owed.
Why Choose Leichter Law Firm PC?
Leichter Law Firm PC was founded by Louis Leichter, an Austin-based, Board Certified Labor and Employment Law Specialist. Our knowledgeable legal team consists of highly skilled and accomplished attorneys, each of whom is dedicated to fight for the rights of each client aggressively. We understand the different needs and goals of each client, and we are here to work tirelessly on behalf of employees who have been mistreated and unfairly compensated by their employers. Leichter Law Firm PC has the in-depth experience to assist workers in getting the fair treatment and compensation that they deserve, so give us a call at (956) 205-0884, complete our online form, or chat with us live on our website. There are no fees on overtime nurse claim cases unless we recover wages. We will advocate for you and get the job done!
Cases We Handle
Our Austin nurse overtime claims lawyers at Leichter Law Firm PC know all too well that some employers are skilled at casually breaking the law. Since they are the employer, they do not expect legal repercussions from an employee for discrimination or withholding of overtime wages. Our experienced legal team can help you hold your employer accountable for not paying the required overtime pay for nurses. Listed below are some overtime violations that we address:
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 merely 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.
Frequently Asked Questions
Employment law can be complex and confusing, and many employees are unaware of their specific rights and protections under Texas law. The Leichter Law Firm PC understands how important it is to get the answers that you need promptly. We have created a listing of some frequently asked questions and provided relevant answers. If you do not find your questions on this list or if you prefer to contact our experienced legal team directly, feel free to call us at (956) 205-0884.
When must my employer pay me overtime wages?
By mandate of the United States Department of Labor, employers must pay non-exempt employees at least one and a half times their normal rate of pay after they have worked more than 40 hours during the workweek. As such, any qualifying employee who works beyond 40 hours in any given workweek must be paid overtime wages. If your employer is attempting to deny you overtime pay, legal representation may be necessary for you to be fairly compensated. The employment lawyers at the Leichter Law Firm PC are prepared to fight for fair overtime compensation from any company that attempts to deny qualifying employees their overtime pay.
What aspects of employment does the Fair Labor Standards Act (FLSA) dictate?
The Fair Labor Standards Act (FLSA) sets the federal standards that all employers in the United States must meet in regards to the employment of any individual. Among the most commonly cited standards the FLSA sets are the federal minimum wage, overtime wages, and child labor laws. While every company in the United States must adhere to these rules, state, county, and city law may additionally dictate minimum wages, overtime, and work conditions. The employment lawyers at the Leichter Law Firm PC are committed to protecting the rights of workers like you against employers who violate these regulations.
How long will my case take?
Each case possesses a unique set of obstacles, so it is tough to estimate the overall timeline of your case without knowing all the facts. Additionally, many variables may lengthen or shorten any specific case. Once an overtime nurse claims attorney is familiar with each client’s case, he or she will be able to give you a better idea as to just how long your case may take, in addition to what circumstances may prolong the case.
What does the Fair Labor Standards Act (FLSA) state about overtime pay?
For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some exceptions apply under exceptional circumstances to police and firefighters and employees of hospitals and nursing homes. Further, some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay). Also, extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). Due to these laws, it is best to seek the advice of an overtime nurse claims attorney.
U.S. Department of Labor – Nurse Overtime Pay Facts
Any employee needs to be treated with respect regarding their work and get their fair and just compensation. Many employers neglect duties to their employees and do not compensate them adequately and neglect to give them their due overtime pay. Further, employees can find themselves subject to harassment, denied raises, passed over for promotions, or even wrongfully fired when employee’s paycheck amounts are disputed. Federal and state laws forbid harassment, discrimination, retaliation, and other toxic employer behaviors.
The U.S. Department of Labor, Wage and Hour Division’s (WHD) mission is clear – “to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce.”
According to the Department of Labor, Wage and Hour Division, listed below is information that is specific to nurses:
The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hour worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek. However, individual sections of the FLSA provides an exemption from both minimum wage and overtime pay for certain employees in administrative, professional, outside sales, and computer jobs. To qualify for an exemption, employees must meet specific tests regarding their job duties and be paid on a salary basis at not less than $455 per week.
For nurses to qualify for the learned professional employee exemption, all of the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
- The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual and which includes work requiring the consistent exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning; and
- The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.
Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.
Contact Us Today
The Austin overtime/wage attorneys at the Leichter Law Firm PC understand the complex employment laws in the state of Texas. We know the residents of Austin want to be treated and compensated fairly by their employers. Employees do not need to feel like they are forced to resign, based on a possible salary reduction, reduction in job responsibilities, demotion, badgering, or harassment.
If you believe that you have been treated unfairly and wrongfully compensated by your employer, contact our Austin overtime nurse claims attorneys, and we will work diligently with you to seek the fair and just compensation that you deserve. You can complete our online form, chat live, or call us at (956) 205-0884. Our aggressive and determined attorneys at the Leichter Law Firm PC, know how to effectively hold employers accountable for their actions and may be able to help you get the pay that you believe you are owed.