10. Are Nurses Entitled to Overtime Pay?
Most nurses in California are entitled to overtime pay. However, specially certified nurses such as Nurse Practitioners, nurse midwives, and nurse anesthetists who meet the exempt salary threshold are exempted from overtime requirements.
Many hospitals and health care centers do not pay proper overtime wages to nurses and other employees. According to the Industrial Welfare Commission Wage Order 15, nurses are not considered exempt unless they fall into another exemption. However most nurses will not fall into other exemptions, and therefore must be paid overtime pay rates of one-and-a-half times the regular rate of pay for hours worked in excess of 40 each week.
In home care providers who are not registered nurses may fall into the personal attendant exemption, which means that they do not need to be provided with overtime pay. However, because RN in home nurses usually provide some level of professional medical services they are generally not considered personal attendants.
If your employer has failed to pay you overtime pay, you may be eligible to receive damages for the wages due to you as well as additional compensation from penalties that the employer must pay. To find out if you qualify, contact the attorneys at Baker Law Group, LLP today at (858) 452-0093 to schedule a free consultation.