Nurses might be wrongly denied overtime or minimum wages.
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Registered Nurses (RN)
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. However, registered nurses who are paid on an hourly basis should receive overtime pay.
To qualify for the learned professional employee exemption, all of the following tests must be met:
- 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;
- The employee’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;
- 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.
Licensed Practical Nurses (LPN)
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.
If a licensed practical nurse (LPN) performs companionship services in or about the private home of the person by whom he/she is employed he or she is typically exempt from the FLSA’s minimum wage and overtime requirements if all criteria of the exemption are met.
However, LPNs working in facilities other than private homes, or those working in private homes through a company rather than the person to whom they are giving care are typically entitled to overtime pay for all hours over 40. Additionally, LPNs who spend 20% or more of their time each week performing general household duties (cleaning, sweeping, vacuuming common areas of the home, doing laundry, attending to household pets, etc.) are entitled to overtime, regardless of whether they work in a private home or another type of facility.
Certified Nurse Assistants (CNA) and Home Health Aides (HHA)
Certified Nurse Assistants 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.
If a certified nurse assistant (CNA) or Home Health Aide (HHA) performs companionship services in or about the private home of the person by whom he/she is employed he or she is typically exempt from the FLSA’s minimum wage and overtime requirements if all criteria of the exemption are met.
However, CNAs and HHAs working in facilities other than private homes, or those working in private homes through a company rather than the person to whom they are giving care are typically entitled to overtime pay for all hours over 40. Additionally, CNAs and HHAs who spend 20% or more of their time each week performing general household duties (cleaning, sweeping, vacuuming common areas of the home, doing laundry, attending to household pets, etc.) are entitled to overtime, regardless of whether they work in a private home or another type of facility.
