Aleshia Fatherree, a nurse in Tyler, Texas, who works for Lifecare Home Nursing recently filed a lawsuit against the employer, alleging she and others weren't properly paid for their overtime, according to the Southeast Texas Record. Fatherree claims the nursing company was illegally deducting time for meal breaks from employees' time attendance total as well as denying them overtime wages.

The Fair Labor Standards Act (FLSA) guarantees all nonexempt workers receive time-and-a-half for their hours worked beyond 40 in a given pay period. However, the healthcare industry is one in which employers are often vulnerable to violations because of different provisions that apply to workers in the field.

For instance, employers who work primarily to care for the sick, elderly or mentally ill, such as assisted living facilities, residential care facilities and hospitals can opt to participate in an Eight and 80 Overtime System under section 7(j) of the FLSA. This means they calculate overtime based on an 80-hour workweek instead of the standard 40. They must pay workers premium rates if they are on shift for longer than eight-hours at a time under this exception.

Healthcare employers can reduce the likelihood of FLSA violation by using a high-quality payroll processing system that will accurately track employee attendance and apply the correct pay rates.
 

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