Healthcare Overtime and Work Violations
As the population ages, the healthcare industry, and home healthcare in particular, has exploded. To increase their profit, companies in this industry often cut corners on wages for Registered Nurses (RNs), Licensed Practical Nurses (LPNs), Certified Nursing Assistants (CNAs) and other healthcare employees. As a result, thousands of workers in this industry have had and are having their wages stolen by their employer. The top wage violations in the healthcare industry are:
- Failing to pay workers overtime for all hours worked in excess of 12 per day or 40 per week. Even salaried workers usually are entitled to this overtime pay.
- Treating workers as independent contractors to avoid the cost of overtime, insurance and payroll taxes. Very few workers in this industry truly qualify as independent contractors.
- “Shaving” or under-reporting worked hours to avoid paying for those hours. Often this takes the form of automatic deductions for meal and rest breaks that never were taken.
- Not paying workers for certain tasks performed before, during or after their regular patient care shift such as driving to the job (or between jobs), employee meetings, training programs, putting on, taking off, cleaning or maintaining equipment or gear and paperwork or charting. Often employers illegally claim that this work is “off the clock”.
- Paying a flat daily or job rate without consideration of the number of hours worked and the requirement to pay overtime.
- Failing to provide meal and rest breaks.
If your employer is violating the healthcare overtime pay laws, you (and other employees) may be entitled to thousands of dollars of back pay. Please contact us for a free and confidential case evaluation or simply to learn more about healthcare workers and the overtime pay laws.