Nurses Overtime Pay – Unpaid Wages Claims Spawn Lawsuits Nationwide

Hospitals nationwide sued for nurses' unpaid overtime claims.

Nurses’ unpaid overtime claims have increased as hospitals continue attempts to cut operating expenses. This may be a coincidence, but hard-working nurses have successfully brought lawsuits to recover lost overtime wages in many states.

According to Mighty Nurse, a nursing informational website, earned overtime wages most frequently go unpaid for the following reasons:

  • Unpaid “breaks” that were interrupted by work duties
  • Misclassifying nurses as professionals
  • Failing to count work performed before or after a shift
  • Not paying nurses who are on call
  • Telling nurses they can’t have overtime

The federal Fair Labor Standards Act (FLSA) requires employers to pay nurses one-and-a-half times their wages for each hour worked over 40 hours per week. In addition, effective December 1, 2016, the federal Department of Labor raised the minimum salary used to designate white collar workers exempt from overtime to $913 per week ($47.476 per year). The law requires that employers pay overtime to wage earners making less than that amount.

Overtime Pay Calculator – Click here to find out how much you could be owed

A List of Successful Lawsuits for Nurses’ Unpaid Overtime Claims

This list includes only lawsuits against hospitals in selected states. Home care nurses and nursing home nurses also have successfully brought lawsuits for unpaid overtime. In addition, this list only includes lawsuits which have been settled. There are many nurses’ lawsuits pending in the courts of various states.

ARKANSAS

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

ALABAMA

A $9 million settlement by a large hospital and healthcare system of a lawsuit brought by nurses and other employees who claimed they worked during uncompensated rest breaks that were automatically deducted from their time cards and paychecks

State Law prohibiting mandatory overtime for nurses: No

ARIZONA

In Johnson v. Arizona Hospital and Healthcare Association, the plaintiffs alleged that AzHHA’s system of setting uniform nurse wage rates for its member hospitals artificially depressed nurses’ wages.  In 2011, 36 hospitals have agreed to pay more than $22.5 million to settle a class-action lawsuit accusing them of fixing the wages of per diem and traveling nurses.

State Law prohibiting mandatory overtime for nurses: No

CALIFORNIA

A case involving the improper payment of overtime by Tenet Healthcare Corp. to about 23,000 current and former employees was settled for $85 million in 2016.

Avery v. Integrated Healthcare Holdings, Inc., a class action lawsuit filed against the IHHI chain of hospitals in Southern California, settled for $14.5M in 2013. Registered nurses and respiratory therapists who were not paid overtime wages in accordance with state law filed the suit.

State Law prohibiting mandatory overtime for nurses: Yes.

COLORADO

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

CONNECTICUT

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: Yes

FLORIDA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

GEORGIA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

ILLINOIS

In 2006, federal class-action lawsuits were filed in Chicago, Memphis, San Antonio, and Albany, N.Y., by two nurses who alleged collusion among several hospitals to depress nurses’ wages. The Chicago case was settled in 2010.

State Law prohibiting mandatory overtime for nurses: Yes

INDIANA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

MARYLAND

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: Yes

MASSACHUSETTS

A case involving failure to pay hospital employees who worked through scheduled meal hours was settled for $17.9 million by Partners HealthCare System in 2010.

State Law prohibiting mandatory overtime for nurses: Yes

MICHIGAN

A multi-million-dollar settle was reached in 2016 in the 2006 Detroit nurse wages class action lawsuit alleging that eight Detroit-area hospitals conspired to suppress nurses’ wages.

State Law prohibiting mandatory overtime for nurses: No

MISSOURI

In 2009, SSM Health Care in St. Louis settled a case for $1.7 million involving non-payment of back wages for work done by about 4,000 employees during meal times.

State Law prohibiting mandatory overtime for nurses: Yes

MISSISSIPPI

Nurse lawsuit against hospital for unpaid overtime wageS: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

NORTH CAROLINA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

NORTH DAKOTA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

NEBRASKA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

NEW JERSEY

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law Prohibiting mandatory overtime for nurses: Yes

NEW YORK

A case involving suppression the wages of more than 3,000 nurses resulted in a 2013 $4.5 million settlement by five Albany-area hospitals.

A case involving nurses working beyond their shift without pay to give required briefings to the incoming staff at Southside Hospital was settled for $1.55 million.

State Law Prohibiting mandatory overtime for nurses: Yes

OHIO

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

OKLAHOMA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

PENNSYLVANIA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: Yes

SOUTH CAROLINA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

TEXAS

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: Yes

UTAH

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

WASHINGTON DC

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

WEST VIRGINIA

Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit

State Law prohibiting mandatory overtime for nurses: No

WISCONSIN

In 2013, a case involving non-payment for requiring nurses to stay on call at the hospital during meal breaks resulted in a $3.5 million settlement paid by St. Mary’s Hospital in Madison.

State Law prohibiting mandatory overtime for nurse: No

Contact an Experienced Labor Law Attorney if You Are A Hospital Nurse and Have Unpaid Overtime Claims To get the money you deserve, call Lemberg Law at 855-301-2100 . Our employment lawyers will review your case and give you no-nonsense answers to your questions.

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