Summary: It is no secret that healthcare workers often face wage issues such as overtime violations. One Alabama healthcare provider is facing numerous claims from nurses alleging that it engaged in multiple forms of overtime and wage theft. If you are a nurse or other healthcare worker and are concerned that you are not being paid correctly, do not wait to get the legal help you deserve.
While federal law requires that healthcare employers compensate nonexempt employees with overtime wages for work performed in excess of 40 hours in a given week, nurses and other medical staff often face blatant wage violations. If you are a healthcare worker, knowing your labor rights is essential to recognize the potential signs of wage theft.
An Alabama hospital that was sued for failing to pay overtime to nurses is one of many examples of healthcare workers being illegally deprived of rightful wages. If you are a nurse who has worked off the clock or is not being paid overtime when you work more than 40 hours in a week, you need to discuss your situation with a qualified overtime attorney as soon as possible.
Alabama Hospital Sued for Failing to Pay Overtime to Nurses
In 2023, a class action lawsuit was filed against a prominent Alabama medical system featuring numerous allegations of significant wage violations. The named plaintiffs who initiated the case were both employed in the oncology and gynecology unit, and one also worked in UAB Medicine’s general medicine and infectious diseases division and was employed at the medical center in the early days of the pandemic.
The class action alleges that officials at UAB Medicine engaged in numerous instances of wage theft and wage violations impacting its healthcare workers. The hospital also suffered from chronic, habitual understaffing, an issue that has plagued the healthcare industry in the years following the pandemic. Allegations in the class action included the following:
- The hospital regularly hired nurses who had less than a year of work experience
- Seasoned nurses were often forced to work through meal breaks and work extra hours beyond their shifts due to high employee turnover and staffing issues
- UAB Medicine failed to pay nurses overtime for the extra hours worked during meal breaks and after scheduled shifts
- Meal breaks were automatically deducted from nurses’ paychecks regardless of whether they took the breaks or not
- Nurses were often unable to take mandated paid short rest breaks because of the volume of their workload
- Managers at UAB Medicine would regularly create workweeks that exceeded 40 hours by assigning extra shifts every few weeks
The class action claims that UAB Medicine managers knew nurses were working additional hours and during meal breaks but did not compensate them with extra pay. Consequently, many nurses probably missed out on overtime wages as well.
If you believe you have experienced similar wage violations, you can take legal action with no financial commitment. Our firm works on a contingency fee basis—so we only get paid if we win your case.
Nurses Frequently Experience Overtime Violations
Many nurses are entitled to overtime pay under the provisions of the Fair Labor Standards Act (FLSA) if they work more than 40 hours in a workweek. Some registered nurses may be considered exempt from overtime under the learned professional exemption. However, nonexempt nurses eligible to receive overtime pay should receive 1.5 times their normal rate if they exceed the 40-hour mark in a seven-day period.
The FLSA protects healthcare workers from exploitative employment measures. While mandatory overtime is legal in a number of states, healthcare facilities should compensate nonexempt nurses for every overtime hour worked. Numerous states have also enacted laws limiting or prohibiting mandatory overtime for nurses, including:
- California
- New York
- Massachusetts
Overtime violations frequently occur in the healthcare industry when increased patient loads combined with staffing shortages result in nurses working through meal breaks or beyond their regularly scheduled shifts. These practices can result in:
- Outright failure to pay overtime
- Paying straight time for overtime
- Failing to accurately record all hours worked, resulting in discrepancies in overtime pay
An attorney can analyze your work hours, pay stubs, and employment contract to assess potential overtime violations. A lawyer can also collect documentation— like emails, timecards, and witness statements—to demonstrate that you worked overtime without compensation.
Recoverable damages in a civil lawsuit or class action could include back pay for unpaid overtime, liquidated (double) damages, and other compensation.
An Unpaid Overtime Attorney Can Help Protect Your Rights
If you are a nurse or other healthcare worker experiencing overtime violations, be sure to document all instances of excessive hours worked—including any dates, times, and communications with your employer about overtime. If you have tried to address the issue internally with your supervisor or human resources representative without resolution, the next step is to seek legal advice from an unpaid overtime attorney who can help you understand your rights.
A lawyer can work to resolve the issue through a negotiated settlement with your employer. If negotiations fail, you need an attorney by your side who can take the case to court and represent you through the litigation process.
Contact us by using our chat or online form to request your free and confidential one-on-one review.
