Are you a nursing home, assisted living, skilled nursing facility , hospice or Home Health Agency employee denied overtime pay? Are you an LPN, CNA, HHA, Kitchen staff, and feel you have been cheated out of your overtime pay?
The federal wage and hour division outlines your rights concerning overtime pay. Please read the overview below and if you feel you were cheated out of your overtime pay and would like to file a wages lawsuit for your unpaid overtime contact Paycheck Lawyer. Our unpaid overtime lawyers can help you get your Pembroke Pines, Hollywood, Fort Lauderdale, Pompano Beach, Coral Springs, Deerfield Beach, Boca Raton, Miami, North Miami, North Miami Beach, Coral Gables, Hialeah, Homestead, Belle Glade, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Cape Coral, Clearwater, Coral Gables, Coral Springs, Daytona Beach, Deerfield Beach, DeLand, Delray Beach ,Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Haines City, Hallandale Beach, Hialeah, Hollywood, Homestead, Immokalee, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Merritt Island, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Ormond Beach, Palm Bay, Panama City, Pensacola, Plant City, Pompano Beach, Port Charlotte, Port Saint Lucie, St Cloud, St. Petersburg, Sarasota, Spring Hill, Starke, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Pensacola, Winter Haven, or Winter Park, unpaid overtime.
Overtime Pay In Nursing Care Facilities Under the Fair Labor Standards Act
Overtime: Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked. Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the “8 and 80” system. Under the “8 and 80” system, the nursing care facility may pay employees — with whom they have a prior agreement — overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period.
Recordkeeping: Employers are required to maintain accurate payroll and time records. Time records must be preserved for two years and payroll records must be kept for three years. Employers must also record and maintain the dates of birth for employees under age 19.
Exemptions: Certain employees whose primary duties are managerial, administrative, or professional in nature are exempt from the FLSA’s minimum wage and overtime pay requirements.
Common Nursing Home and Long Term Care Facility Industry Problems
Non-exempt employees must be compensated for any time during which they perform activities that benefit the employer.
The most common violation in the nursing care industry is the failure of employers to pay for all the hours worked. This uncompensated time most frequently occurs when employers fail to pay for work performed:
Before and after a worker’s scheduled shift;
During an employee’s scheduled meal period; and
While employees are attending staff meetings and compensable training sessions.
Minimum wage and overtime pay violations also occur when employers make deductions or demand reimbursement for the cost of required uniforms or equipment.
Overtime pay violations often occur when employers:
Fail to pay overtime after 8 hours of work in a day for workers (both full time and part time) who are under the “8 and 80” system.
Pay overtime after 80 hours worked during a biweekly period rather than after 40 hours in a workweek to employees not under the “8 and 80” system.
Fail to combine hours worked in more than one department or at more than one facility when determining the total overtime hours worked.
Fail to include in calculating overtime hours the time spent or hours worked while performing on-call assignments.
Fail to include shift differential, bonuses or on-call fees in calculating an employee’s regular rate.
Fail to pay overtime to non-exempt, salaried employees (e.g., clerical staff, cooks, and activities directors).
For additional information regarding your specific rights based on your specific job title, professional title and specific duties contact Paycheck Lawyer. If you are an RN, LPN, CNA or HHA there may be specific exemptions or overtime laws that apply to you.
Registered Nurses (RN)
Registered nurses who are registered by the Florida State examining board usually meet the duties for the learned professional exemption. If paid you are on a salary basis of at least $455 per week you may be classified as exempt. Registered nurses who are paid on an hourly basis may be able to receive overtime pay..
Licensed Practical Nurses (LPN)
Licensed practical nurses are not exempt learned professionals and are entitled to overtime pay.
However, LPNs working in facilities are typically entitled to overtime pay for all hours over 40 hours in a work week.
Certified Nurse Assistants (CNA) and Home Health Aides (HHA)
Certified Nurse Assistants and Home Health Aides working in facilities are entitled to overtime pay for all hours over 40.
If you are a nurse, licensed practical nurse (LPN), certified nurse assistant (CNA), or home health aide (HHA) and want you overtime wages contact paycheck lawyer