Austin Nurses and Home Health Care Workers and Unpaid Overtime
The Healthcare industry in Texas is one of if not the largest employer in the State. Nurses and home healthcare workers are without a doubt one of the more essential workers in the Healthcare field. Unfortunately, they may also be one of the most abused also. Abuse happens in many ways; this article will cover how employers may be taking advantage of Nurses and home healthcare workers by not paying overtime that is legally owed.
Nurses and home healthcare workers put in long hours, and they are some of the most essential workers. Many nurses and home healthcare workers put in 12 hour shifts and many times working more hours is mandatory. There are many reported instances of Nurses and Healthcare workers having to work through breaks, lunch breaks and dinner breaks because of the nature of their work, working longer than anticipated hours and being told that they are not entitled to overtime pay because they may be salaried.
Salaried Nurses May be Entitled to Overtime Pay
Most Nurses and healthcare workers that are salaried assume that because they get a salary and are not paid hourly that they are exempt from getting overtime. This is not necessarily true; the Fair Labor and Standard Act is quite specific as who is exempt because of their salary from getting overtime. If you are getting a salary and are a registered nurse and you are registered with the state’s examining board then you may not be eligible for overtime, you may be considered under the learned professional exemption. But if you are not considered a “learned professional”, or if you are paid hourly, then you are entitled to overtime. Many employers assume that you are exempt and may even tell you that and you may just assume that you are because you are on salary. This can be considered wage theft and it is quite common where Registered nurses are employed, such as Nursing Homes, Assisted Living Facilities, Testing Facilities, Hospitals, and home health care Agencies. LVN’s are usually entitled to overtime regardless of whether they are paid salary or hourly.
What Makes Up Overtime Hours for Nurses in Austin, Texas
According to Federal Regulations overtime is working more than 40 hours in a 7-day period. If you are required to arrive early to attend shift meetings, have staff meetings before or after your scheduled work hours, work through your scheduled breaks and meals or even attend training courses then you may be owed overtime. Many employers do take some of these things into consideration when calculating your pay, but it is up to you to carefully keep track of your hours as many employers may be not compensating you for the hours that you are working.
Austin Nurses and Healthcare Workers Common Questions
What is the Learned Professional Employee Exemption?
It is complicated for Nurses and many specialized healthcare workers and sometimes it requires the Leichter Firm expertise to guide you through them. The law states that you must be earning at least $684 per week and be doing work that necessitates you having advanced knowledge of your job, it also requires you practice consistent judgement and discretion. For Nurses and Specialized healthcare workers this knowledge must have been gotten through courses of science.
What Should My First Step with My Employer Be?
If you suspect that you are not being paid the overtime that you are owed or you are being shorted. Your options are to sit down with your employer and discuss what the differences are, or you can give us a call and discuss the issues and we can help you through them to get what you are entitled to.
Will This Cost Me Money?
We handle these cases on a contingent fee basis. This means you owe us nothing unless we recover money for you. And sometimes we are able to recover our fees from your employer. You have nothing to worry about, we are on your side and have been helping people just like you get the overtime pay that is owed to you for years.
Austin’s Premier Unpaid Overtime Law Firm, Leichter Law
David Langenfeld has been helping Austin and surrounding county Nurses and healthcare professionals get the unpaid overtime that they have earned. David is in the 1 % of Lawyers in Texas that are board certified as Labor and Employment specialists. This means that there is no one better to handle you case than David Langenfeld. You will find Leichter Law compassionate and resolute in getting you the unpaid overtime that you have earned. Please give David a call and find out what real expertise and compassion really means.