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Can employers deny overtime to nurses?
It depends. Some nurses can be considered exempt "professionals" because of the level of education and training they receive. Others are not exempt and should be paid overtime. Here is a thumbnail sketch of this issue:
- Registered nurses (RN) are usually exempt if they are paid a salary and are registered with a state examining board are typically ineligible for overtime pay under the learned professional exemption.)
- Most licensed practical nurses (LPN) are non-exempt and entitled to overtime pay as they do not need a specialized advanced degree, and therefore do not qualify for the professional exemption.
- Most nursing home and assisted living employees are non-exempt and are entitled to overtime pay. They are usually paid on an hourly basis and should get time and a half when they work more than 40 hours a week.
If it were up to me, they'd all get overtime.
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