Austin Nursing Overtime Pay Dispute Attorneys
According to the United States Department of Labor, Texas has the nation’s highest employment level in the field of nursing, second only to California. Nursing can be a stressful occupation, even for those who are only working as nurses part-time.
A new study suggests that many full-time nurses work long hours, putting in overtime and often compromising their own well-being in the process. Nurses often work 12-hour shifts, with 12 percent of new nurses reportedly working mandatory overtime and nearly 50 percent working voluntary overtime.
At The Melton Law Firm, we understand the demands placed on nurses and the complexity of nursing overtime pay disputes. Our Austin nursing overtime pay dispute lawyers are committed to holding employers responsible for paying nurses the overtime wages they are entitled to.
Call us today at (512) 330-0017 or fill out a contact form so we can help you properly file your overtime pay dispute case.
How Austin Nursing Pay Works
In general, nurses are entitled to overtime pay for working long hours under the Fair Labors Standard Act (FLSA). Nurses who work beyond a 40-hour week within seven consecutive days may be entitled to overtime pay, according to the FLSA.
But not all nurses qualify for overtime pay under the FLSA. Registered nurses (RNs) who are paid a flat annual salary, instead of an hourly salary, and who are registered with a state examining board are generally ineligible for overtime pay under the learned professional exemption.
Healthcare institutions are typically required to provide overtime pay to registered nurses who do not fall under the FLSA’s professional exemption. Employers must consider all required work performed both before and after a shift, staff meetings, any scheduled meal breaks, and required paid training when calculating how many hours a nurse worked in a day.
Hours worked in a day include hours worked at all facilities and departments or on-call. Additionally, the regular rate should include shift differential, bonuses, or on-call fees.
Although employers should take all these factors into consideration when calculating overtime, many nurses and healthcare workers still never receive the overtime pay that they are legally entitled to.
One of the most common ways that employers avoid paying nurses their overtime wages is by communicating to salaried workers, such as RNs, that they are not eligible for overtime compensation. This is considered overtime wage theft and is most common in hospitals, nursing homes, assisted living centers, and home health agencies.
Too often, an employee does not question this simply because they are not aware of the existing overtime pay laws. Employees may not be aware of laws put in place by FLSA, and many assume that as salaried workers, they do not have the right to overtime wages. This is simply not the case. The only workers who are not eligible for overtime pay are those considered exempt under the FLSA standards.
When you have an experienced Austin nursing overtime pay dispute attorney who has the extensive knowledge of wage laws and statutes on your side, you will get the help you need to determine whether you’re entitled to overtime time pay that you have not received in the past or that you are not currently being paid for.
Do I Need an Austin Nursing Overtime Pay Dispute Lawyer?
If you are a nurse in the Austin area who is facing an overtime pay dispute with your employer, and you believe that your employer has failed to pay you fairly, then you have the right to take legal action to hold your employer liable. However, nursing overtime pay laws can be complicated and challenging to understand.
Rules also vary for nurses employed by assisted living facilities and nursing care facilities, as well as nurses that work for home health agencies or who provide private home care.
If you are a nursing professional who believes that you are not receiving the overtime pay that you are owed, then you have the right to take legal action against your employer.
With an experienced, compassionate lawyer on your side to guide you in handling overtime pay dispute legal issues, you have a better chance of receiving the fair compensation that you rightfully deserve.
At The Melton Law Firm, we understand the complex laws and exemptions regarding overtime pay disputes and we are committed to fighting for the extra pay that you are owed. Contact The Melton Law Firm today so we can help you recover what is rightfully yours.
Why Choose The Melton Law Firm?
The Melton Law Firm has proven experience helping nurses in Austin get answers to their questions about what is regarded as required work and what is regarded as overtime work. We know how to hold employers responsible for unpaid overtime or other wage violations. We have achieved several million-dollar settlements for our clients who have been treated unfairly when it comes to being paid.
If you’re a nurse who is concerned because you aren’t receiving the full wages you are legally entitled to from your employer, but you don’t want to put your job on the line by pursuing legal action, then let The Melton Law Firm help you right now with investigating your situation.
Our Austin nursing overtime pay dispute attorneys are fully prepared to assist you in determining if any labor laws have been violated and whether you are legally entitled to file a lawsuit.
The attorneys of The Melton Law Firm are dedicated to building the strongest overtime nurse claim possible for your case. If it is determined that your employer has failed to compensate you fairly, we can advise you on taking legal action. Contact us today so we can get you the pay that you’ve earned and that is rightfully yours.
Recovering the Pay You are Owed
Nurses can choose to work overtime hours, but employers are not legally permitted to require nurses to work mandatory overtime hours. If an employee and employer agree that overtime will be worked and the employee works over 40 hours in a workweek, then the United States Department of Labor decrees that the employer must pay a non-exempt employee one and a half times their normal pay.
Despite such statutes, many employers neglect to fulfill their legal duties to employees and do not compensate them appropriately. Furthermore, nurses who dispute overtime pay can be denied raises, find themselves subject to harassment, passed over for promotions, or even wrongfully terminated.
The attorneys of The Melton Law Firm handle cases that involve practical nurses who often work long hours and are subject to being exploited or overworked by employers who fail to pay overtime. We also handle cases that involve nurses who would otherwise fall under the exempted category, as they too may be overworked and are specifically protected by overtime law.
Nurses who have worked overtime without being paid for it by the employer may be entitled to file a nurse overtime pay dispute lawsuit against a hospital or medical facility for payment of back overtime wages. The Melton Law Firm’s team of understanding and skilled lawyers will review the specific details of your case, and work diligently to seek a remedy for your wage violations.
A common remedy for wage violations is an order that the employer makes up the difference between what the nurse was paid and the amount they should have been paid. The amount of this sum is often referred to as back pay.
If you are a nurse who has worked overtime without being paid for it, contact The Melton Law Firm in Austin, TX. Our experienced attorneys are ready to help you completely recover any compensation you are owed by a negligent employer.
Frequently Asked Questions About Overtime Pay in Texas
In Texas, employers are legally responsible for providing their employees with a minimum level of pay for their services and paying certain employees additional wages for hours worked over the typical 40-hour week. Overtime pay (time and a half pay) is one and a half times an employee’s normal hourly wage.
Who is Legally Entitled to Overtime Pay?
The Fair Labor Standards Act (FLSA) details specific jobs entitled to overtime pay while exempting other positions from overtime pay. If you earn more than the Texas minimum wage rate, than you are entitled to at least one and a half times your regular hourly wage for all overtime worked.
What is the Learned Professional Employee Exemption?
Individual sections of the FLSA provide an exemption from both minimum wage and overtime pay for certain employees in administrative, computer jobs, outside sales, and professional jobs. Employees must meet specific requirements regarding their job duties and be paid on a salary basis at a minimum of $455 per week to qualify for an exemption.
What are the Requirements for Nurses to Qualify for the Learned Professional Employee Exemption?
An employee must be compensated on a fee or salary basis at the rate of no less than $455 per week. As an employee, the nurse’s primary duty must be the performance of work that necessitates advanced knowledge. This is defined as work which is primarily intellectual, including work that requires the consistent practice of judgment and discretion.
The advanced knowledge must be acquired ordinarily by an extensive course of specialized intellectual instruction. Additionally, the advanced knowledge must be in a field of learning or science.
At The Melton Law Firm, we understand overtime laws in the state of Texas. Our wage attorneys know that nurses in Austin deserve to be treated fairly and receive any unpaid wages that were legally earned.
If your employer is denying your overtime pay, then you may be eligible to take legal action to collect the wages that you have rightfully earned. Fill out our email form or call us at (512) 330-0017 today and find out how we can hold your employer responsible for their mistreatment of you.