One of the most common wage violations in nursing and care home facilities is employers failing to pay employees for all hours worked. Wage violations are common in nursing and care home facilities due to the demanding nature of the job, understaffing, and confusion surrounding wage laws.
You deserve all the pay you have earned and are legally entitled to. Rowdy Meeks Legal Group LLC will help vigorously pursue the compensation you are owed for wage claims.
4 Common Wage Violations in Nursing and Care Home Facilities
1. Failure to Pay Overtime
Many nursing and care facilities fail to pay proper overtime wages to non-exempt employees who work more than 40 hours per week. Under the Fair Labor Standards Act (“FLSA”), non-exempt employees are entitled to overtime pay at 1.5 times their regular hourly wage for all hours worked beyond 40 in a workweek.
Employers might improperly classify workers as exempt from overtime or miscalculate overtime pay, resulting in unpaid or underpaid wages.
2. Unpaid or Improperly Paid Breaks
Nursing home staff often face situations where they must work through their breaks or their break time is improperly deducted from their pay. Although federal law doesn’t require meal or rest breaks, the Department of Labor (DOL) makes specific provisions for employees.
The DOL mandates that the employer pay employees for any break under 20 minutes. If the break is over 30 minutes, it is unpaid or “off-the-clock” time. However, for the break to be considered “unpaid,” the employee must be completely relieved of all work duties during that time.
3. Off-the-Clock Work
Many facilities expect employees to perform work-related tasks off-the-clock, such as completing paperwork, prepping for shifts, or attending meetings before or after their scheduled work hours. Any time spent performing job-related tasks, even if not directly during a scheduled shift, must be compensated.
Some companies use timekeeping systems that automatically clock employees out for lunch. However, some healthcare employees’ lunch breaks are interrupted, or they are still responsible for work-related tasks during that time. Not accurately tracking breaks is a common off-the-clock work violation.
Document your actual working hours, including any duties you perform before clocking in or after clocking out, to ensure you’re being fully paid.
4. Misclassification of Employees
Care facilities may misclassify employees as independent contractors or exempt employees to avoid paying overtime or benefits. Misclassification can lead to significant wage losses, especially in an industry where long hours are common.
If you are being treated as an independent contractor but do not meet the criteria (e.g., you are directly supervised and do not set your own hours), you may be entitled to employee status and its associated benefits.
Nursing home and care facilities often use staffing apps such as ShiftKey to misclassify caregivers such as nurses. These facilities cannot legally avoid paying overtime and other wages by using these apps.
What to Do if You Suspect Wage Violations in Nursing and Care Home Facilities
Keep Records: Document your hours worked, breaks, overtime, and any other pay-related information.
Communicate with Your Employer: If you notice discrepancies, bring them up with your employer or HR department first. This can sometimes resolve the issue.
Contact a Lawyer: If your employer does not address the problem, you should consult with an employment lawyer to explore your options for recovering unpaid wages. Rowdy Meeks Legal Group LLC has represented tens of thousands of health care and nursing home employees in wage violation cases.
Contact an Expert Wage Violations Lawyer
Unfortunately, many employers will scam employees out of earned wages when the opportunity presents itself.
Understanding your rights as a healthcare employee can be challenging, so you should consult an experienced employment attorney. They will be familiar with state and federal wage laws and can assess the strength of your case.
File an Unpaid Wage Claim with Rowdy Meeks Legal Group LLC
Wage violations are unfortunately common in nursing and care home facilities, but understanding your rights and documenting your work hours can help you identify and address these issues.
To learn more about common wage violations in nursing and care home facilities, contact Rowdy Meeks Legal Group LLC.