San Antonio Nurse Overtime Lawyer

Many healthcare workers in San Antonio are entitled to receive overtime pay under the FLSA. In fact, most employees are eligible for overtime at a rate of 1.5 times their normal pay rate for all hours worked over 40 in a workweek.

While many nurses do qualify for overtime compensation, some do not. For example, Registered Nurses (RNs) who earn hourly wages may qualify for overtime, while RNs who earn salaries may not. Additionally, some nurses in managerial or supervisory roles may be classified as exempt employees and, therefore, not eligible for overtime pay.

RNs (Registered Nurses)

Registered Nurses (RNs) are considered exempt employees unless they are paid hourly or if they are paid a salary under $684 per week. They may also be non-exempt if they perform non-clinical duties such as utilization review for insurance companies. Their exemption is largely due to their extensive education and the “learned professional” exemption.

The learned professional exemption is a provision within the Fair Labor Standards Act (FLSA) that exempts certain employees from overtime pay if they meet specific criteria related to their job duties and level of education or specialized training. To qualify for this exemption, an employee must primarily perform work that requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction.

Licensed Vocational Nurses (LVNs) and Certified Nursing Assistants (CNAs)

Licensed Vocational Nurses (LVNs), also known as Licensed Practical Nurses (LPNs) in some states, are generally considered non-exempt employees. As non-exempt employees, LVNs are typically eligible for overtime pay for any hours worked beyond 40 in a workweek. 

This means that LVNs, like many other healthcare professionals, are entitled to receive overtime compensation at a rate of one and a half times their regular pay rate for each hour worked beyond 40 hours in a workweek.

Non-exempt employees, including most CNAs, are eligible for overtime pay at a rate of one and a half times their regular rate of pay for all overtime hours worked beyond 40 in a workweek. This means that if a CNA works more than 40 hours in a given workweek, they should receive overtime compensation for those additional hours.

However, there can be exceptions and variations based on specific circumstances. Some CNAs in managerial or supervisory roles might be classified as exempt employees and, therefore, may not be eligible for overtime pay.

Assisted Living and Nursing Home Nurses

Assisted living nurses and nursing home nurses are typically covered by the Fair Labor Standards Act (FLSA) in the United States. Most of these healthcare professionals are considered non-exempt employees under the FLSA, which means they are generally eligible for overtime pay for any hours worked beyond 40 in a workweek.

Non-exempt employees, including many nurses working in assisted living facilities or nursing homes, work overtime regularly due to staffing shortages. They are generally entitled to receive overtime compensation at a rate of one and a half times their regular rate of pay for each hour worked beyond 40 hours in a workweek.

Is Mandatory Overtime Legal for Nurses in San Antonio, TX?

Typically, nurses have the right to refuse overtime except in a few specific situations. Mandatory overtime for nurses is sometimes used as a solution for staffing shortages or unexpected needs regarding patient care. However, this practice can lead to patient safety concerns if nurses are fatigued, stressed, and overworked.

Texas mandatory overtime laws outline a few specific situations in which a nurse may not refuse overtime. These situations are as follows.

• Ongoing procedures requiring ongoing attention from the nurse
• Occurrence of natural disasters in their county or an adjacent county
• Severe emergencies that increase the necessary number of staff members
• Government-declared emergencies in their county or an adjacent county

Importantly, hospitals must attempt to meet their staffing needs through voluntary overtime before requiring mandatory overtime. Hospitals also cannot retaliate against a nurse who refuses to work overtime.

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