Wage and Hour Rights for Nursing Home Employees: What You Need to Know

Whether you work in a for-profit, nonprofit, public, or private nursing home, federal labor law is on your side. The Fair Labor Standards Act (FLSA) ensures that you're paid fairly for your time, including minimum wage, overtime pay, and protection from wage theft. Unfortunately, violations in this industry are common. Let’s break down what your employer is required to do—and where things often go wrong.

Basic Wage Rules You Should Know

Minimum Wage

Most non-exempt employees in nursing care settings are required to be paid at least $7.25 per hour, a federally mandated minimum since July 24, 2009.

Overtime Pay

You’re entitled to time-and-a-half (1.5x your regular rate) for any hours worked beyond 40 in a workweek.

Some facilities may use an alternative system known as “8 and 80,” where overtime kicks in after 8 hours in a day or 80 hours over 14 days. However, this setup is only valid if a written agreement is in place between you and your employer.

Timekeeping and Payroll Records

Your employer must keep accurate records of the hours you work and how you’re paid. Here’s what they’re required to track and retain:

• Timekeeping records (saved for at least 2 years)
• Payroll records (saved for at least 3 years)
• Your birthdate (if you’re under 19)

If these records are missing or incorrect, it can be a red flag for wage violations.

Who’s Exempt and Who’s Not?

Some nursing facility roles may be exempt from FLSA wage and hour protections, depending on job duties. For example:

• Potentially Exempt: Registered nurses (if salaried), administrators, or supervisory staff who primarily manage others or perform professional duties.
• Non-Exempt (and usually entitled to overtime): Licensed practical nurses (LPNs), certified nursing assistants (CNAs), dietary aides, custodial staff, cooks, and clerical workers.

The nature of the job, not just the title or salary, determines your exempt or non-exempt status.

Youth Employment Rules

• Ages 14–15: Can work limited hours in non-hazardous jobs with strict restrictions.
• Age 16+: Can work more freely, but still may not perform hazardous tasks.

Employers must follow federal child labor rules closely when hiring minors in any capacity.

Common Wage Violations in Nursing Homes

Sadly, labor violations are especially frequent in long-term care settings. Here are the top problems we see:

• Unpaid time for pre-shift and post-shift work, meal breaks, or mandatory trainings
• Misuse of the “8 and 80” overtime system
• Not counting work performed across departments or facilities
• Ignoring on-call hours or failing to include bonuses, differentials, or stipends in overtime calculations
• Misclassifying non-exempt salaried employees as exempt
• Deducting costs for uniforms or equipment in ways that drop wages below minimum wage (which is illegal)

If any of these sound familiar, it may be time to talk to a wage and hour attorney.

Volunteers: Paid or Not?

Genuine volunteers who donate their time, like visiting residents for companionship, don’t need to be paid.

However, if someone is “volunteering” in a manner that benefits the facility economically (i.e., performing work that a paid employee would normally do), the law considers them a worker, and they must be paid accordingly.

Other Laws That May Protect You

Besides the FLSA, other labor laws also apply in nursing homes:

• FMLA: Allows up to 12 weeks of unpaid, job-protected leave per year for qualifying medical or family reasons
• I-9 Employment Eligibility: Ensures all new hires are legally authorized to work in the U.S.
• Employee Polygraph Protection Act: Generally prohibits lie detector tests in the workplace
• Nursing Relief Act: Sets conditions for employing H-1C nurses in underserved facilities
• Service Contract Act: Requires fair wages for workers on federal contracts

Contact Morgan and Morgan

If you work in a nursing facility and aren’t being paid correctly, or think something seems off, you’re not alone. These violations happen frequently, but they’re not something you have to put up with. Understanding your rights is the first step to protecting them. Contact Morgan & Morgan today. Our labor and employment attorneys may be able to help.

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Disclaimer: This information is based on fact sheets that the Department of Labor provides.