Registered Nurse | Licensed Practical Nurse, Licensed Vocational Nurse, Physician Assistant & Nurse Practitioner | Overtime Pay Complaints | Class Action Lawsuits

If you were employed as a Registered Nurse (“RN”), Licensed Practical Nurse (“LPN”), Licensed Vocational Nurse (“LVN”), Physician Assistant (“PA”), Nurse Practitioner (“NP”) or a similiar healthcare employee and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are owed, tell us your story!

-Report Unpaid Registered Nurse & Licensed Nurse Overtime & Wages-

Registered Nurses, Licensed Practical Nurses, Licensed Vocational Nurses, Physician Assistants & Nurse Practitioners  – You Have Legal Rights!

Federal labor law generally requires employees to be paid overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Nurses are no different and are typically entitled to overtime pay, unless they are exempt. One exemption that employers seek to apply to Registered Nurses, Licensed Practical Nurse, Licensed Vocational Nurses, Physician Assistants & Nurse Practitioners is the learned professional employee exemption.

To qualify for the learned professional employee exemption, the nurse must meet each of the following tests:

  • The nurse must be compensated on a salary or fee basis (as defined in the overtime pay regulations) at a rate not less than $455 per week;
  • The nurse’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 (as distinguished from performance of routine mental, manual, mechanical or physical work).  An nurse who performs work requiring advanced knowledge generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Advanced knowledge cannot be attained at the high school level.
  • The advanced knowledge must be in a field of science or learning; and
  • The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

The performance of such exempt work must be the nurse’s “primary duty,” i.e., the principal, main, major or most important duty that the nurse performs.

Registered Nurses Versus Licensed Nurses, Physician Assistants & Nurse Practitioners  

Registered nurses who are paid on an hourly basis should generally 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.

On the other hand, licensed practical nurses, licensed vocational 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 therefore typically entitled to overtime pay, even if they are paid a salary of at least $455 per week.

–Contact An Overtime Pay Class Action Lawyer–

If you were employed as Registered Nurse – RN, Licensed Practical Nurse – LPN, Licensed Vocational Nurse – LVN, Physician Assistant – PA, Nurse Practitioner – NP or a similiar healthcare employee and you believe that you have not been paid all of the overtime pay, hourly wages, salary and other benefits that you believe you are due (or if you are just not sure and want to find out), contact an overtime pay class action lawyer:

-Report Unpaid Registered Nurse & Licensed Nurse Overtime & Wages-

You can also share your overtime pay and wage complaints, if any, with other nurses and healthcare employees by leaving a public comment below.

Registered Nurse RN, Licensed Practical Nurse LPN, Licensed Vocational Nurse LVN, Physician Assistant PA, Nurse Practitioner NP Overtime Pay Related Tags:

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-Report Unpaid Nurse Overtime & Wages-

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This entry was posted on Wednesday, February 20th, 2008 at 10:46 pm and is filed under Registered & Licensed Practical Nurses. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. By using this blog, you agree to the Terms and Conditions. Under the Terms and Conditions, you agree and understand that your use of this blog does not create an attorney-client relationship, and that the contents of the blog does not constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state. Wronged by your Employer? Want to Fight Back? Contact A Class Action Attorney at www.ClassActionConnect.com.

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