Pelton Graham LLC represented a class of nurses who worked primarily as home health aides and whose hourly rates would decrease as the number of hours they worked increased, so that their “overtime” rate would in reality be equal to their regular hourly rate, instead of 1.5 times their regular hourly rate. Pelton Graham LLC fought for these nurses to obtain their unpaid overtime and secured a pre-litigation settlement of $3.5 Million for these workers.
Healthcare workers in both private homes and in group homes or hospitals are tasked with working long hours to support the patients in need of their care but very frequently are not compensated appropriately for their long hours of work. Nurses (including RNs, LPNs, CNAs & HHAs) who are paid on an hourly basis are not exempt from overtime pay and therefore must be paid at one and one-half (1.5) times their regular hourly rate for overtime hours worked each week. Common schemes to avoid paying overtime to nurses and other healthcare workers are:
- Pay at straight-time rates for all hours
- Pay at fluctuating hourly rates depending on hours worked
- Comp time offered in place of overtime pay
You should contact an attorney experienced in handling unpaid overtime matters in the healthcare industry to discuss your personal situation and discover what claims you may have. The attorneys at Pelton Graham are experienced at advocating for clients who have experienced wage theft in the healthcare industry and are happy to talk with you about your experience. Consultations are free, and as contingency fee attorneys, we do not get paid unless we recover for you.