Nurse Overtime Lawyer
We Represent Nurses Denied Fair Overtime Pay in Texas and New Mexico
At Bustos Law Firm, P.C., our nurse overtime lawyers are experienced advocates for healthcare professionals. Nurses work long hours in demanding environments, often providing critical care under high-pressure conditions. Whether in hospitals, clinics, or long-term care facilities, nurses are essential to patient health and safety. You deserve to be fully compensated for every hour you work. If your employer failed to pay you proper overtime wages, you may have a claim under federal and state law.
Overtime Protections for Nurses Under Federal Law
Nurses are generally protected by the Fair Labor Standards Act. Under the FLSA, non-exempt employees must receive overtime pay at one and one-half times their regular rate for all hours worked beyond 40 in a workweek.
In most cases, registered nurses who are paid hourly are entitled to overtime. Licensed vocational nurses and other nursing staff are also typically non-exempt. Employers must properly classify workers based on their actual job duties and pay structure.
Texas follows federal overtime law. New Mexico applies similar standards through its Minimum Wage Act, which generally mirrors the FLSA but may provide broader protections in certain situations.
Call 806-696-8285 to connect for a free consultation with a Nurse Overtime Lawyer today!
Misclassification Is a Common Issue in Nursing
A central issue in many nurse overtime cases is whether the employee was properly classified as exempt or non-exempt. Employers sometimes attempt to avoid paying overtime by incorrectly labeling nurses as exempt professionals. In general:
- Hourly nurses are almost always entitled to overtime
- Salaried nurses may still qualify for overtime depending on job duties
- Job title alone does not determine exemption status
To qualify for an exemption, an employer must prove that the nurse meets both the salary basis test and the duties test. If those requirements are not met, overtime pay is required.
Common Overtime Violations Affecting Nurses
Healthcare employers often rely on extended shifts and demanding schedules. Unfortunately, this can lead to wage and hour violations. Common issues include:
- Not paying overtime for shifts longer than 40 hours per week
- Automatically deducting meal breaks that are not actually taken
- Failing to pay for pre-shift or post-shift work
- Not compensating nurses for required training or meetings
- Misclassifying nurses as exempt to avoid overtime obligations
These practices may violate federal law, even if they are common in the healthcare industry.
Meal Breaks, Training Time, and Off-the-Clock Work
Nurses frequently face situations where they are required to work during unpaid periods. The law requires that employees be paid for all hours they are “suffered or permitted” to work. For example:
- Meal breaks must be paid if the nurse is not fully relieved of duties
- Mandatory training and meetings are generally compensable
- Charting or administrative tasks performed after a shift must be paid
If you performed work without compensation, those hours may count toward overtime.
Compensation for Unpaid Nurse Overtime
If a nurse is denied proper overtime wages, federal law provides the right to recover compensation. These claims can result in significant financial recovery. Potential damages include:
- Unpaid overtime wages for all qualifying hours worked
- Liquidated damages equal to unpaid wages
- Attorneys’ fees and litigation costs under 29 U.S.C. § 216(b)
These remedies are intended to ensure that workers receive full compensation and that employers comply with the law.
Nursing Work Across Texas and New Mexico
Hospitals and healthcare systems across Texas and New Mexico depend on nurses to maintain patient care standards. Facilities in cities such as Lubbock, Amarillo, Albuquerque, and Santa Fe often rely on extended shifts, including 12-hour rotations and overnight work. Because of staffing shortages and patient demand, nurses frequently work beyond scheduled hours. Employers must still comply with overtime laws regardless of staffing needs. In New Mexico, state law may apply in addition to federal protections, depending on the circumstances.
Call 806-696-8285 to connect for a free consultation with a Nurse Overtime Lawyer today!
Frequently Asked Questions for a Nurse Overtime Lawyer
Q. Are nurses entitled to overtime pay?
A. Yes. Most nurses, especially those paid hourly, are entitled to overtime pay for hours worked beyond 40 in a workweek under the FLSA.
Q. Can a salaried nurse still qualify for overtime?
A. Yes. Being paid a salary does not automatically make a nurse exempt. Employers must meet strict legal criteria to deny overtime.
Q. Are missed meal breaks compensable?
A. Yes. If you are required to work during a meal break or are not fully relieved of duties, that time must be paid.
Q. Do I get paid for training and meetings?
A. In most cases, yes. Mandatory training and meetings are generally considered hours worked and must be compensated.
Q. How long do I have to file an overtime claim?
A. You can typically recover unpaid wages for up to two years, or three years for willful violations.
Contact Our Nurse Overtime Lawyer Today
At Bustos Law Firm, P.C., our overtime wage and hour lawyers for the nurse industry are committed to protecting healthcare workers in Texas and New Mexico. If you were denied the full overtime wages that you earned, you have the right to pursue compensation. Call 806-696-8285 or contact a nurse overtime lawyer online to schedule a free, confidential consultation.
Call 806-696-8285 to connect for a free consultation with a Nurse Overtime Lawyer today!