Overtime Violation Attorneys for Employees of Nursing Homes, Hospitals, and Assisted Living Facilities
If you are a nurse working in a hospital, assisted living facility, or nursing home, and you are being denied pay for overtime, contact the experienced nursing overtime claims attorneys at Leichter Law Firm PC for assistance by calling (956) 205-0884. Nurses often work long hours and, in certain work environments, are sometimes asked to stay beyond their scheduled shift. Nurses may feel obligated to work overtime, but often do so at their own peril, trading a work-life balance and quality of life to care of other human beings. A nurse’s work requires an ability to make split-second decisions that can help save a patient’s life. Yet nurses can be under-compensated and denied overtime pay for their work, even though they earned it. If you are a nurse working in a nursing home, hospital, or assisted living facility, and your request for overtime pay is being rejected, you may be entitled to compensation.
At Leichter Law Firm PC, we understand that it can be frustrating when an employer withholds money that you have rightfully earned. That’s why we are here to help. Having served clients in Austin and the surrounding areas for years, we have gained the respect of peers and clients alike. If you are a Texas nurse who is being denied overtime pay, contact the experienced and compassionate attorneys at Leichter Law Firm PC today by calling (956) 205-0884.
Why Do I Need an Attorney?
Understanding the laws regarding overtime pay for nurses in Texas can be confusing. While many laws relating to employment are statutory in nature, how they are interpreted by courts and applied to specific facts can change. This only complicates an individual’s ability to truly understand employment and labor law.
Having an experienced attorney can help you better understand your rights. By listening to your story and the facts surrounding your claim, an attorney can help determine whether your rights were violated and what legal options you may have. If your rights have been violated, a knowledgeable attorney can help by:
- Knowing what facts are relevant to your case, and how to use those facts to make your case stronger
- Understanding the difference, and interplay, between federal and state laws
- Knowing how to proceed with a legal cause of action, including complex procedural elements that if not adhered to could delay your case or preclude it from being heard
Hiring an overtime violation attorney will give you your best chance for winning your case.
Why Choose Us
At Leichter Law Firm PC, we have been helping nurses and other healthcare professionals who have been denied overtime for years. Our team of attorneys, legal assistants, paralegals, and other professionals strive to ensure that each client is given the individualized attention they deserve, as we understand that each client’s needs are different.
Our attorneys have extensive experience in labor and employment law. A member of our team has been Board Certified by the Texas Board of Legal Certification in Labor and Employment law. This distinction is held by less than 1% of Texas attorneys.
We have been successful in litigating and settling claims against large corporations and smaller businesses. Specifically for nurses, we have won a class action lawsuit on behalf of nurses and licensed nurse practitioners against a fortune 500 company. Our results speak to our dedication of zealously representing our clients. If you’re fighting for your overtime pay, you need us on your side.
Cases We Handle
We represent nurses working in nursing homes, assisted living facilities, and hospitals in labor and employment matters relating to overtime and overtime pay. While nurses often work extra hours, sometimes they are denied payment for this time. Some common ways this occurs include:
- Working through meals and breaks
- Having to stay late, without being compensated, to finish paperwork
- Requiring a nurse to stay past their shift, even though in many circumstances mandatory overtime has been prohibited in Texas
- An employer inaccurately classifying a nurse as exempt, thereby taking them out of a categorized group of protected workers under the Fair Labor Standard Act
- Failure to properly calculate wages and bonuses when determining overtime pay, resulting in underpaying the nurse
At Leichter Law Firm PC, we know how to handle cases involving these and other abuses.
While the Federal Fair Labor Standards Act regulates much of what is acceptable for employer conduct in regards to pay rates for hours worked, it does not mandate whether an employer can require employees to work overtime. Restrictions on overtime requirements are generally left for states to decide.
By failing to pass laws prohibiting required overtime for nurses, for many years the practice of requiring nurses to work overtime was common in Texas. This meant that if a nurse refused to work overtime, they could face repercussions, even if they refused to work for reasons such as extreme fatigue and fear of making a mistake. In 2009, mandatory overtime for nurses was prohibited. Unfortunately, this ban did not extend to nurses working in other facilities, such as assisted living facilities, nursing homes, or some public facilities, such as a VA hospital.
Although there is a prohibition on overtime requirements, a nurse may still volunteer to work overtime, and in certain instances, such as a natural disaster or state emergency, hospitals may require nurses to work overtime. When nurses work beyond their scheduled hours and over 40 hours per week, their pay should reflect the extra hours they work.
Compensation for Overtime
Under the Fair Labor Standards Act, certain employees who work beyond 40 hours in a workweek must be paid additional money beyond their normal rate of pay. In many instances this includes nurses, but employers may try to undermine a nurse’s right to overtime pay by inaccurately categorizing them as exempt, including by:
- Erroneously classifying their work as supervisory or administrative
- Stating that they already get paid a minimum salary set by law
Whether a nurse qualifies for overtime pay can depend upon the specifics of a set of facts and circumstances. Understanding under what circumstances a nurse qualifies for overtime pay can be complicated, which is why it’s important to hire an overtime violation attorney.
Contact Texas Overtime Pay Violation Attorneys
If you are a nurse working in a hospital, assisted living facility, or nursing home, and you have been denied pay for overtime hours you worked, Leichter Law Firm PC is here to help you collect the backpay you are owed. For zealous legal representation, contact the highly-qualified Texas nursing unpaid overtime claim attorneys at Leichter Law Firm PC today by calling (956) 205-0884.