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.
Employers are required by law to pay additional wages to employees who work more than 40 hours in a typical work week. All-too-often, employers may fail to properly track overtime or may intentionally overlook additional hours that people work in order to save themselves money. If an employer fails to properly pay you the overtime wages you are owed, you may be eligible to take legal action to recover those wages and hold your employer accountable.
Leichter Law Firm PC knows that nurses may not be aware of their rights when it comes to overtime pay, so it is advisable to contact an attorney who has experience holding employers accountable for wage and overtime theft. By hiring an attorney that you can trust, you may be able to recover the wages your are owed.
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. Leichter Law Firm PC has the experience and the resources to help you hold your employer responsible for paying you fair wages, so call us at 1-833-OT-WAGES, or you can complete our online form or chat live on the website.
We understand that not all employees understand all of the complex ins-and-outs of Texas employment law. That’s why we have included a few frequently asked questions and provided the relevant answers for you to review. If you believe that your employer failed to pay you the overtime wages that you are owed, call us at 1-833-OT-WAGES.
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.
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 1-833-OT-WAGES, 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!
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.
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.
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.
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 1-833-OT-WAGES to learn more.
U.S. Department of Labor – Nurse Overtime Pay Facts
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, the information below 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 a Nurses Overtime Attorney
If you believe that your employer failed to pay you for overtime that you worked and are owed, contact our Austin overtime nurse claims attorneys, and we will fight aggressively to make sure that they pay you for the time that you put in. You can complete our online form, chat live, or call us at 1-833-OT-WAGES to get the justice you deserve.