Summary: Healthcare workers have been on the front lines of recent crises including the COVID-19 pandemic, but unfair labor practices and wage violations are resulting in full-scale theft of rightful compensation. If you are a healthcare worker who has been misclassified by your employer, is being subjected to overtime violations, is forced to work off the clock, or is experiencing other wage theft, contact an attorney today.
Unfair labor practices occur in every industry, and the healthcare industry is no exception. Healthcare workers have had to deal with persistent challenges in the post-pandemic world, including a wide range of wage violations strictly prohibited by the Fair Labor Standards Act (FLSA).
If you are a nurse or other healthcare worker and believe your employer is engaging in any type of wage violation, an unpaid wages attorney can fight for your rights to receive the wages you deserve. A qualified lawyer can help you understand what damages you may be entitled to claim while serving as the dedicated legal advocate you deserve.
Unfair Labor Practices and Wage Violations in the Healthcare Industry
Healthcare providers such as hospitals must comply with FLSA provisions. This includes compliance with minimum wage as well as overtime requirements.
While there are limited scenarios that could lead to a healthcare worker being legally exempt from overtime compensation, wage theft violations are rampant. Some of the most common challenges that nurses are facing from healthcare providers post-pandemic include:
- Automatic deductions for meal breaks when the worker is still performing their job duties
- Misclassifying a nurse as exempt to prevent them from accruing overtime pay
- Forcing nurses to work off the clock and then declining to put those hours toward overtime
- Failing to include bonuses, shift differentials or other extra pay when calculating the rate of overtime pay
- Failing to pay nurses for meetings, trainings, or work at related facilities
- Classifying healthcare workers as independent contractors
- Not including travel time as compensable hours
- Time clock rounding down to the nearest tenth or quarter of an hour, which can result in compensable losses over time
If you are a healthcare worker who has been denied overtime or other compensation you have earned, you have the right to proceed with a claim against your employer. You could be eligible to obtain numerous types of damages including up to double back wages, attorneys’ fees and costs, and interest on unpaid overtime.
Exempt vs. Nonexempt Healthcare Workers
Under the FLSA and many state laws, exempt employees are not entitled to overtime, while nonexempt employees should be compensated with overtime pay. Nurses who fall into the learned professional exemption may not be entitled to overtime pay. However, for a nurse to be exempt from overtime pay, they must fulfill all of the following requirements:
- Earn no less than $844 per week on a salary basis
- Their primary duty must involve work that requires advanced knowledge, and that advanced knowledge must be in a field of learning or science
- The advanced knowledge must involve prolonged educational instruction
Healthcare professionals such as registered nurses (RNs), licensed practical nurses (LPNs), and nurse practitioners (NPs) are usually not exempt despite their prolonged training and advanced knowledge. If you are employed in any of these or related professions and are not being properly compensated for overtime, you may have a valid wage and hour claim.
A Proactive Lawyer Can Help Recover the Wages You Are Owed
Healthcare workers are known for their compassion and concern for those in need. Unfortunately, employers in the healthcare industry often take advantage of these indispensable workers and do not fully compensate them for their hard work.
If this happened to you or someone you know, a skilled overtime attorney can offer further guidance and determine whether overtime wages—as well as other forms of back pay—are owed. Reach out to us today by filling in the intake form or submitting your information via chat to receive your free confidential review.
