Overtime Laws

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Registered Nurses

Registered Nurses (RNs) who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption (See Professional Exemption), and if paid on a salary basis of at least $913.00 per week (or $455 per week before December 1, 2016), may be classified as exempt.

Licensed Practical Nurses and Similar Nurses

Licensed practical nurses and other similar health care employees generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.

Common Violations for Nurses
• Failure to pay for pre-shift activities such as counting medications or giving/receiving report.

• Only paying nurses for the hours they are scheduled but not the hours actually worked.

• Failing to pay for meetings or trainings.

• Deducting time for meal breaks when the nurse is not able to take a full 30-minute, uninterrupted meal break.

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