Overtime lawsuits filed by nurses and other health care professionals have been on the rise in recent years as home health workers, licensed vocational nurses, and other professionals stand up and demand fair pay for the hours they have worked. Despite this action, many healthcare employers continue to underpay and misclassify their workers, frequently leading to unpaid overtime wages.

If you are a home healthcare worker or a licensed vocational nurse and you believe that you are being deprived of the overtime wages you have earned, the experienced overtime attorneys at the Leichter Law Firm PC are here to help. We know how many employers in the healthcare industry attempt to withhold wages from their hard-working employees, and we want to put this experience to work for you.

Common Ways Employees are Deprived of Overtime Wages

There are a number of different ways by which employers deprive nurses and other healthcare employees of their hard-earned wages, including, but certainly not limited to:

  • Requiring workers to miss meal breaks
  • Taking an hour out of an employee’s schedule even if they do not take a meal break
  • Failing to pay nurses for work performed before and/or after their shift
  • Misclassifying employees as “exempt” from overtime pay

In the healthcare industry, many home health workers and other nursing staff are considered “non-exempt” employees who are therefore entitled to time-and-a-half for every hour worked in excess of 40 hours in one week. This includes:

  • Nurses and workers who are paid an hourly wage (some exclusions may apply)
  • Almost all licensed vocational nurses (LVNs)
  • Home health, nursing home, and assisted living facility employees who make an hourly wage

While exclusions and exceptions can apply to all of the above workers, far too many employers regularly and inaccurately apply these potential exceptions to workers who are, in fact, eligible for overtime pay.

Talk to a Texas Unpaid Overtime Lawyer to Learn More

At the Leichter Law Firm PC, we know how hard you work, and we believe that you are entitled to the full and fair compensation you have earned from your employer. If you believe that your overtime wages have been wrongly withheld, our attorneys are ready to help. Call us today at 512.495.9995 to learn more about what we may be able to do for you.

Home Health and LVN Overtime Wage Claims FAQs

What is the difference between exempt and nonexempt employees?

As determined by the federal Fair Labor Standards Act (FLSA), exempt employees are exempt from overtime and minimum wage regulations. Exempt employees, according to the United States Department of Labor, are those employed as “bona fide executive, administrative, professional, and outside sales employees.” Nonexempt employees, however, must be paid an hour and a half for every hour of overtime they work (any hours over 40 each week). Almost all hourly employees and many salaried employees are considered to be nonexempt workers. Sometimes employers falsely categorize their nonexempt employees as exempt to avoid paying them overtime, so it is important to know which category your job falls into, to ensure you are getting your full wage. For more information about wages and overtime pay, please contact Leichter Law Firm PC at 512.495.9995 today.

Are there federal protections in place for workers and their wages?

Yes, the main federal protection in place for workers and their wages is the federal Fair Labor Standards Act (FLSA) of 1938, which set standards for minimum wage, 40 hours work weeks, and overtime pay, as well as outlaws “oppressive child labor.” The act is still in effect and is carried out by the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL). This act affects both part and full time employees, and those in private, public, and governmental sectors. It allows employees to file complaints and protects them from being fired or punished for making a claim. For more information about the FLSA and its protections, please contact Leichter Law Firm PC at 512.495.9995 today.

If I believe I am being cheated of my wages, what should I do?

If you believe you are being cheated of your wages, you should seek evidence and documentation of the crime and employ a skilled overtime wage claim attorney to help you gather create a case. You and your attorney can file a complaint either internally with the company or directly under the FLSA. FLSA laws protect employees from retaliation for making a claim, whether internally or with the Wage and Hour Division, so there is no threat of you losing your job for trying to obtain the wages you deserve. If you have any additional questions or would like to set up an appointment with one of our qualified Austin unpaid overtime attorneys, please contact Leichter Law Firm PC at 512.495.9995 today.

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