McAllen Nurse Overtime Lawyer
Overtime Pay and Nursing Labor Laws in McAllen, TX
So many nurses work long, hard hours to ensure patient safety and to fulfill their duties as medical professionals. Unfortunately, many employers do all they can to avoid paying their employees the overtime compensation they are owed. If you are a nurse who was not paid overtime you are owed, we strongly recommend contacting a McAllen nurse overtime lawyer.
At Leichter Law, our Texas employment lawyers have extensive experience protecting employee rights against retaliation, unpaid overtime, and much more. Our dedicated team of employment law professionals is committed to advocating for nurses’ rights, ensuring they receive the compensation they deserve. Call Leichter Law at 512-495-9995 to schedule an appointment with one of our attorneys.
The Fair Labor Standards Act and Overtime for Nurses
The Fair Labor Standards Act (FLSA) is a federal law in the United States that regulates various aspects of employment, primarily focusing on labor standards such as minimum wage, overtime pay, child labor, and recordkeeping requirements. Some key provisions regulated by the FLSA that affect nurses include the following.
- Minimum Wage: The FLSA establishes a federal minimum wage that covered, non-exempt employees must be paid for each hour worked.
- Overtime Pay: It mandates that covered non-exempt employees receive overtime pay at a rate of at least 1.5 times their regular pay rate for all hours worked beyond 40 hours per week.
- Recordkeeping: Employers covered by the FLSA must maintain accurate records of employees’ wages, hours worked, and other employment-related information.
- Exemptions: The FLSA outlines exemptions for certain categories of employees from minimum wage and overtime provisions, such as certain administrative, executive, professional, and outside sales employees, among others.
Nurse Overtime Pay in McAllen, Texas
Texas is the state with the second-highest number of nurses in their workforce in the nation. Only California has a higher number of working nurses. Nurses are some of the most hardworking employees in the state, but this doesn’t stop their employers from denying overtime pay they are rightfully owed.
At Leichter Law, we are intimately familiar with the many ways in which employers take advantage of nurses. In the following sections, we outline the many different ways in which nurses are taken advantage of by their employers.
Do Nurses Get Overtime in McAllen?
In McAllen, Texas, overtime laws generally apply to most employees, including nurses. According to the Fair Labor Standards Act (FLSA), eligible employees must receive overtime pay of at least 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.
However, certain professions, including some healthcare workers, might be exempt from overtime pay under specific circumstances. For example, many registered nurses who are paid on an hourly basis typically qualify for overtime pay. Still, those who are classified as exempt employees, such as certain administrative or managerial positions within healthcare facilities, may not be entitled to overtime pay.
RNs and CNAs
Many nurses are no strangers to mandatory overtime. Unfortunately, not all types of nurses are guaranteed to receive overtime compensation under the FLSA. Registered nurses (RNs) who are paid salary instead of hourly are generally considered to be exempt employees due to the “learned professional” exemption.
Certified nursing assistants (CNAs), however, are usually considered nonexempt employees, and therefore qualify for overtime. The “learned professional” test exempts an employee from overtime pay if the employee meets the following criteria.
- The employee makes at least $684 weekly.
- Their job requires constant use of their own judgment and discretion, as well as advanced knowledge.
- They acquire that advanced knowledge through advanced degrees or specialized courses.
- The knowledge is in a learning or science field.
Licensed Vocational Nurses
Licensed vocational nurses (LVNs) are basically the same as licensed practical nurses (LPNs). Texas uses the term LVN while many other states use LPN to refer to the same type of nurse. In most cases, LVNs are not exempt from overtime. They must meet very specific criteria in order to be considered exempt employees.
Nursing Home and Assisted Living Nurses
Unless nursing home and assisted living nurses meet very specific criteria, they are usually considered nonexempt employees. Therefore, they usually qualify for overtime pay rates.
Is Mandatory Overtime for Nurses Legal in McAllen, TX?
Generally speaking, nurses in Texas can refuse to work mandatory overtime. Mandatory overtime refers to situations where healthcare employers require nurses to work beyond their scheduled shifts, often to address staffing shortages or unexpected patient care needs. This practice can lead to increased fatigue, stress, and potential risks to patient care due to exhausted or overworked nursing staff.
There are, however, a few specific situations in which nurses may not refuse to work overtime. These situations were codified in recently-enacted laws. According to Texas mandatory overtime laws, nurses may not refuse to work overtime hours in the following situations.
- Serious emergencies that increase staffing needs
- Natural disasters occurring in their county or a nearby county
- Ongoing procedures that require the nurse’s attention
- Government-declared crises in their county or a nearby county
That being said, hospitals are still required to try meeting their staffing needs through voluntary overtime first. They also may not retaliate against nurses for declining to work overtime.
What Are Common Ways Employers Violate Nursing Overtime Laws?
Employers can violate nursing overtime laws in various ways, sometimes unintentionally due to misunderstanding or misapplication of labor laws. However, many employers intentionally fail to pay overtime wages to pad their bottom line. Some common ways employers might violate nursing overtime laws include the following.
- Misclassifying employees as exempt when they’re entitled to overtime pay
- Not compensating nurses for work done off-the-clock
- Automatically deducting meal breaks without considering actual work done
- Ignoring certain work hours in overtime calculations
- Allowing or expecting extra work hours without pay (“suffer or permit” violations)
- Falsifying time records to reduce reported hours
- Implementing policies that go against overtime laws
In the following sections, we outline specific examples of how different types of nurses can experience overtime violations.
Home Health Nurses
- Failing to pay for overtime hours that occur due to charting after hours or while at home
- Requiring them to attend unpaid training, meetings, or seminars
- Failing to pay for the time it takes the nurse to travel between locations
- Paying a fixed rate per visit without increasing that rate when the nurse exceeds 40 hours in one workweek
Hospitals, Assisted Living Centers, and Nursing Homes
- Requiring nurses to work “off-the-clock” without pay
- Deducting meal times when the nurse did not actually get an uninterrupted meal break
- Failing to pay for work completed before or after a shift
- Failing to pay for charting done after a shift ends
- Requiring attendance to unpaid seminars, meetings, and training
Nurse Overtime Pay Information from the Department of Labor
As we stated before, many nurses do qualify to receive overtime pay. Unless they are exempt under the “learned professional” rule, they should be paid overtime if they exceed 40 hours in a single workweek. To learn more about nurses and their related exemptions under the FLSA, we recommend reading the Wage and Hour Division’s fact sheet.
Should I Get an Unpaid Overtime Attorney?
We strongly recommend contacting our McAllen unpaid overtime lawyers if you experience any of the following.
- You Suspect Violations: If you believe your employer has not fairly compensated you for overtime work or has violated overtime laws (such as misclassifying your job or not paying for off-the-clock work).
- Unresponsive Employer: If your employer fails to address your concerns or disputes regarding unpaid overtime despite your attempts to resolve the issue internally.
- Concerns About Retaliation: If you fear retaliation or adverse actions from your employer due to raising concerns about unpaid overtime or planning to file a complaint.
- Seeking Legal Advice: If you want clarity on your rights, understand overtime laws, or need guidance on how to proceed with a potential claim against your employer.
- Deadline Approaching: If you’re approaching or concerned about the statute of limitations (the time limit within which you can file a claim) for unpaid overtime, it’s crucial to seek legal advice promptly.
An unpaid overtime attorney specializes in employment law and can provide legal counsel, assess the strength of your case, help gather evidence, negotiate with your employer, and represent you if the matter goes to court. Consulting an attorney experienced in wage and hour laws can help you understand your options and protect your rights regarding unpaid overtime.
Why Should I Choose Leichter Law?
At Leichter Law, David Langenfeld is our Board-Certified Specialist in Labor and Employment Law. Legal specializations are rare for attorneys to obtain, but labor and employment law specializations are even rarer. When it comes to defending your rights as an employee, there are few people more suited than David.
His specialized knowledge and training has allowed him to successfully represent clients in cases involving unpaid overtime, employment discrimination, wrongful termination, and more. He is the person you want on your side when going up against your employer in an unpaid wages claim.
How Long Will My Unpaid Overtime Claim Take?
The duration of an unpaid overtime claim varies based on multiple factors. Clear-cut cases with evident violations of overtime laws might resolve relatively quickly, while complex cases involving multiple plaintiffs or disputed documentation can significantly prolong the process.
Employer cooperation plays a crucial role; a willing employer may lead to faster resolution, while an uncooperative one can extend the timeline. Legal processes, including filing the claim, evidence gathering, negotiation, and potential court proceedings, also impact the duration, influenced by court schedules and case complexities.
Generally, some claims may be resolved within months through negotiation, while complex cases requiring trials or extensive legal proceedings could take a year or more. Consulting an experienced employment attorney is vital for a more accurate estimation of the timeline, considering your case’s unique details and legal procedures involved.
Call a Nursing Overtime Attorney at Leichter Law
At Leichter Law, we recognize the invaluable contributions nurses make to our healthcare system and the critical need for fair compensation. Our dedicated team of employment law experts stands ready to advocate for the rights of nurses who may have been unjustly denied proper payment for their overtime work. If you’re a nurse in Texas facing issues related to unpaid overtime, our experienced attorneys are here to offer guidance, support, and legal representation.
Contact Leichter Law today to ensure your rights are protected and to seek the fair compensation you rightfully deserve for your hard work and dedication. To schedule your free consultation, please call our office at 512-495-9995 today.
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McAllen, TX 78501
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