Instances of wage theft and unpaid overtime in the health care industry are prevalent. In particularly, nurses working at urgent care facilities may be the victims of wage theft when their employers fail to pay them for “off the clock” work.

Clinicians including registered nurses (RNs), licensed practice nurses (LPNs), nursing assistants, and nurse aides, can be cheated out of their hard-earned pay in various ways, such as when employers:

  • Fail to pay for work performed before shifts begin or after shifts end
  • Fail to pay for work performed during meal breaks, meetings, and paid training
  • Fail to pay for time spent completing patient documentation (“charting”)
  • Fail to pay for time spent dropping off lab specimens and following up on lab work
  • Fail to pay for time spent laundering and pressing uniforms outside the workplace

For many nurses, off-the-clock time can easily push their work time beyond 40 hours each week, which must be paid at time-and-half. Sometimes, health care employers attempt to avoid paying overtime by misclassifying nurses as independent contractors or exempt employees.

Each of these examples constitutes a violation of the federal Fair Labor Standards Act, as described in a Fact Sheet published by the U.S. Department of Labor.

The attorneys in Sommers Schwartz’s Employment Litigation Group are investigating complaints of wage theft at urgent care facilities, and are interviewing registered nurses, licensed practice nurses, nursing assistants, and nurse aides who may have helpful information. Please contact us today!

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Jason J. Thompson

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Jason J. Thompson

Jason Thompson is a nationally board certified trial attorney and co-chairs Sommers Schwartz’s Complex Litigation Department. He has a formidable breadth of litigation experience, including class action and multidistrict litigation (MDL), and practices nationwide in both state and federal courts.