My employer does not pay overtime. Is this legal???

michr

as an LPN you should be paid overtime and should not work off the clock. your employer can not make you work for free or "off-the-clock".
they can discipline you for poor performance if you fail to get your job done in the prescribed time alotment but they must pay you when you work. if you work more then 40 hours in a week you are to be paid overtime. some RNs can be claimed as exempt from overtime but generally LPNs may not.

Nurses
To qualify for the learned professional employee exemption, all of the following tests must be met:
â€¢ The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
â€¢ The employeeâ€™s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
â€¢ The advanced knowledge must be in a field of science or learning; and
â€¢ The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

Registered nurses 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, and if paid on a salary basis of at least $455 per week, may be classified as exempt.

Licensed practical nurses and other similar health care employees, however, 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.

as an LPN it does not matter if you are salary or hourly you still are to be paid overtime. being a salaried employee does not make you exempt from overtime there are numerous salary positions that do NOT meet the requirements to be exempt from overtime.

bud68

Are you on salary or hourly wage? If you're hourly, you should get paid for hours actually worked.

MY SET

It depends on the state law, where you are.

If you work by the hour, usually overtime is 1 and half times your hourly rate.

If you work on a salary usually you don't get overtime.

If you are really concerned contact a labor lawyer and ask them, what the deal is.

Judy

No it's not legal to even let you continue working but not pay you for it. Your time clock punches or your timesheet are required to show the hours you actually work. Contact your state's wage and hour division.

Shane

I remember when they amended the Federal Labor Standards Act a few years ago and nurses, LPN's, etc... was a big issue. Bottom line is in your particular field you cannot be paid salaried and MUST be paid hourly. So in response to your question you are supposed to be paid for this additional time worked. What the facility is doing is not legal and I would report them faster than you can say "peter piper." Your place of employment is in violation of this Act (FLSA.)

Lookin4answers

If you get paid by the hour, they have to pay, you should know if you are hourly or salary, if you don't know ask your manager.
It's illegal for an employer to make an hourly employee work any time and not get paid.

kapn

What does your contract say...........

tekadaiquiri

depends on what the contract says, sometimes it will say i do not pay for overtime, if it does then stop working overtime for no reason

AnoNYmous

My mom works at a nursing home. She doesnt get paid overtime (time and a half) when she works over 40 hours..instead..they pay her the regular hourly wage x extra hours work.

Paul W

If you're salary it depends on your contract, talk to your HR section.

Heather V

Look closely at your contract. Your contract and state will be what decides if this is legal. Without knowing your state and reading your contract NO ONE can give you the right answer. In some states health care workers, even those paid hourly, do not by law have to be paid overtime.

danny14551

It depends a lot on your contract, nurses by law do not have to be paid over time.

Mel

Assuming you are paid by the hour, the short answer is no, it is not legal for an employee to perform work without getting paid. If they won't pay you, contact your local department of labor office (www.dol.gov.)

If you are paid a flat weekly salary, the short answer is that you can pretty much work 24/7 without any obligation to be paid overtime. :(

Good luck.

427 in dog years

Nurses get screwed everywhere.........UNION is you ever get the chance

Right now.......wage and hour people.....

Enter Your Message or Comment

User Name:
User Email:
Post a comment: