Are nurses exempt from overtime pay?
The Fair Labor Standards Act requires that most employees get paid minimum wage and overtime fees for their time and attendance. There are some classifications of workers who are exempt from these regulations, but it is very important that an employer knows the requirements for this exemption. Misclassifications and wage violations can lead to costly lawsuits with the Department of Labor.
Nurses may be eligible for the 'learned professional' minimum wage and overtime pay exemption in certain circumstances. In order to determine whether your employee is exempt, ask these five questions:
- Does the nurse have advanced knowledge in either science or learning?
- Was this knowledge gained through a long period of specialized instruction?
- Do the worker's primary duties require advanced knowledge? (Defined as "predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment," according to the DOL.)
- Does he or she get paid via salary or fees?
- Do these wages amount to at least $455 a week?
If a business answers yes to all of these questions, it is not required by law to pay its nurse minimum wage or overtime fees. The FLSA also exempts other "bona fide" executive, administrative, professional and outside sales workers.
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