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Nurses

Nurses and Overtime Pay Lawyers

It is well established under the law that Licensed Practical Nurses (LPNs) and other similar health care employees are entitled to overtime compensation as "non-exempt" employees under the FLSA. While certain nurses, including Registered Nurses whose job duties include supervision of other nurses, are "exempt" from overtime compensation under the FLSA, Licensed Practical Nurses are "non-exempt" because possession of a specialized advanced academic degree is not a standard prerequisite for entry into this profession and their duties generally do not include supervision of other employees.

Some employers try to evade the responsibility of paying LPNs overtime by classifying them as independent contractors or paying them on a "salary" basis. Such classifications do not exempt LPNs from overtime pay, as the law generally recognizes the right of LPNs to overtime compensation on the basis of their training and duties, despite employer attempts to avoid paying them overtime.

LPNs who perform shift work are commonly required to perform unpaid prep time and off the clock work without overtime compensation.

Briggle & Polan, PLLC, represents LPNs and similarly-situated nursing employees in Texas and throughout the United States. If you have a question regarding a potential claim, contact the firm directly at 512-472-1926 or toll free 866-247-HELP or by email for a FREE consultation.