Few work harder than nurses during their scheduled shifts. But what about the tasks they perform before officially clocking in or after their scheduled hours are complete? It is important for nurses to have a basic understanding of how employment laws may impact these situations so they can advocate for their rights and hold employers accountable when they fail to follow the law. Some foundational information about this issue includes the following.
1. The basics of the Fair Labor Standards Act (FLSA)
The FLSA, a guiding beacon for labor rights, ensures that nurses — our healthcare heroes — receive fair compensation. The FLSA mandates that at a minimum applicable employers pay non-exempt employees the federal minimum wage for the time they work. Hospitals generally fall under the FLSA’s coverage, including skilled nursing facilities, assisted living facilities, and more.
But what happens when their work extends beyond the clock?
Imagine Nurse Sarah, dedicated and compassionate. She works at a residential care facility and is paid at an hourly rate. The facility is short staffed. To meet her patient’s needs, she stays beyond her scheduled shift. Should she receive compensation? In short, the answer is often yes. The FLSA generally requires the facility provide compensation in this situation. Depending on the details, Sarah may even qualify for overtime payment.
2. Overtime considerations
Although various rules and regulations guide the details, the FLSA generally requires employers pay hourly nurses who work over the 40-hour work week 1.5 times their normal pay for the additional hours worked.
Nurses deserve fair compensation for their dedication. Employers must adhere to FLSA guidelines, ensuring nurses receive payment for all hours worked, including pre- and post-shift duties.