Nurses’ unpaid overtime claims have increased as hospitals continue attempts to cut operating expenses. This may be a coincidence, but hard-working nurses have successfully brought lawsuits to recover lost overtime wages in many states.
According to Mighty Nurse, a nursing informational website, earned overtime wages most frequently go unpaid for the following reasons:
Unpaid “breaks” that were interrupted by work duties
Misclassifying nurses as professionals
Failing to count work performed before or after a shift
Not paying nurses who are on call
Telling nurses they can’t have overtime
The federal Fair Labor Standards Act (FLSA) requires employers to pay nurses one-and-a-half times their wages for each hour worked over 40 hours per week. In addition, effective December 1, 2016, the federal Department of Labor raised the minimum salary used to designate white collar workers exempt from overtime to $913 per week ($47.476 per year). The law requires that employers pay overtime to wage earners making less than that amount.
A List of Successful Lawsuits for Nurses’ Unpaid Overtime Claims
This list includes only lawsuits against hospitals in selected states. Home care nurses and nursing home nurses also have successfully brought lawsuits for unpaid overtime. In addition, this list only includes lawsuits which have been settled. There are many nurses’ lawsuits pending in the courts of various states.
ARKANSAS
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
ALABAMA
A $9 million settlement by a large hospital and healthcare system of a lawsuit brought by nurses and other employees who claimed they worked during uncompensated rest breaks that were automatically deducted from their time cards and paychecks
State Law prohibiting mandatory overtime for nurses: No
ARIZONA
In Johnson vs. Arizona Hospital and Healthcare Association, the plaintiffs alleged that AzHHA’s system of setting uniform nurse wage rates for its member hospitals artificially depressed nurses’ wages. In 2011, 36 hospitals have agreed to pay more than $22.5 million to settle a class-action lawsuit accusing them of fixing the wages of per diem and traveling nurses.
State Law prohibiting mandatory overtime for nurses: No
CALIFORNIA
A case involving the improper payment of overtime by Tenet Healthcare Corp. to about 23,000 current and former employees was settled for $85 million in 2016.
Avery vs. Integrated Healthcare Holdings, Inc., a class action lawsuit filed against the IHHI chain of hospitals in Southern California, settled for $14.5M in 2013. Registered nurses and respiratory therapists who were not paid overtime wages in accordance with state law filed the suit.
State Law prohibiting mandatory overtime for nurses: Yes.
COLORADO
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
CONNECTICUT
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: Yes
FLORIDA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
GEORGIA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
ILLINOIS
In 2006, federal class-action lawsuits were filed in Chicago, Memphis, San Antonio, and Albany, N.Y., by two nurses who alleged collusion among several hospitals to depress nurses’ wages. The Chicago case was settled in 2010.
State Law prohibiting mandatory overtime for nurses: Yes
INDIANA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
MARYLAND
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: Yes
MASSACHUSETTS
A case involving failure to pay hospital employees who worked through scheduled meal hours was settled for $17.9 million by Partners HealthCare System in 2010.
State Law prohibiting mandatory overtime for nurses: Yes
MICHIGAN
A multi-million-dollar settle was reached in 2016 in the 2006 Detroit nurse wages class action lawsuit alleging that eight Detroit-area hospitals conspired to suppress nurses’ wages.
State Law prohibiting mandatory overtime for nurses: No
MISSOURI
In 2009, SSM Health Care in St. Louis settled a case for $1.7 million involving non-payment of back wages for work done by about 4,000 employees during meal times.
State Law prohibiting mandatory overtime for nurses: Yes
MISSISSIPPI
Nurse lawsuit against hospital for unpaid overtime wageS: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
NORTH CAROLINA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
NORTH DAKOTA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
NEBRASKA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
NEW JERSEY
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law Prohibiting mandatory overtime for nurses: Yes
NEW YORK
A case involving suppression the wages of more than 3,000 nurses resulted in a 2013 $4.5 million settlement by five Albany-area hospitals.
A case involving nurses working beyond their shift without pay to give required briefings to the incoming staff at Southside Hospital was settled for $1.55 million.
State Law Prohibiting mandatory overtime for nurses: Yes
OHIO
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
OKLAHOMA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
PENNSYLVANIA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: Yes
SOUTH CAROLINA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
TEXAS
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: Yes
UTAH
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
WASHINGTON DC
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
WEST VIRGINIA
Nurse lawsuit against hospital for unpaid overtime wages: No recent settled lawsuit
State Law prohibiting mandatory overtime for nurses: No
WISCONSIN
In 2013, a case involving non-payment for requiring nurses to stay on call at the hospital during meal breaks resulted in a $3.5 million settlement paid by St. Mary’s Hospital in Madison.
State Law prohibiting mandatory overtime for nurse: No
Contact an Experienced Labor Law Attorney if You Are A Hospital Nurse and Have Unpaid Overtime Claims To get the money you deserve, call Lemberg Law at 475-277-2200 . Our employment lawyers will review your case and give you no-nonsense answers to your questions.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
