What Nurses Need to Know About Overtime and Pay Laws

Regarding overtime, not all nurses are treated the same under the Fair Labor Standards Act (FLSA). Job title alone doesn’t determine whether you’re entitled to overtime pay—your credentials, day-to-day responsibilities, and how you’re paid all factor in.

Before diving into the rules, here’s a quick update on where things stand legally:

In April 2024, the Department of Labor tried to raise the salary thresholds for white-collar exemptions. But a federal court blocked those changes, so we’re still using the 2019 standards for now.

Under those standards, exempt employees must:

• Earn at least $684 per week on a salary or fee basis, or
• Qualify as highly compensated, earning $107,432 or more per year

But even if you meet the salary threshold, that alone isn’t enough. Your actual job duties must also meet specific exemption criteria. For nurses, this usually depends on whether you qualify as a “learned professional” under federal law.

Exemption Rules for Nurses Explained

The Fair Labor Standards Act (FLSA) provides an exemption for certain nurses classified as “learned professionals.” But to qualify for that status, you must meet all of the following conditions:

• You’re paid a salary of at least $684 per week
• Your primary duties require advanced knowledge
• That knowledge is in a field of science or learning
• You obtained that knowledge through a prolonged course of specialized instruction

In other words, your job title doesn’t determine your exemption status, your duties, qualifications, and pay structure do.

Registered Nurses (RNs)

Most Registered Nurses meet the criteria for the learned professional exemption, if they’re paid on a salary basis. Becoming an RN usually involves completing a specialized academic program and earning state licensure, which matches the FLSA’s definition of a learned professional.

But here’s the key detail: RNs who are paid hourly are not exempt. Even if your responsibilities qualify under the duties test, being paid by the hour means you’re entitled to overtime pay for any hours worked over 40 a week.

So if you're an RN clocking hourly shifts, the law still protects your right to overtime compensation.

Licensed Practical Nurses (LPNs) and Similar Roles

If you’re a Licensed Practical Nurse (LPN), nursing assistant, or another healthcare worker in a similar role, you generally don’t qualify for the exemption, regardless of your experience or responsibilities.

Why? These positions don’t require the type of advanced academic instruction that the exemption is based on. Even years of hands-on experience or extensive on-the-job training don’t change that.

If you’re in one of these roles, the FLSA considers you nonexempt, which means:

• You must be paid at least the minimum wage
• You’re entitled to overtime pay (time-and-a-half) for any hours worked over 40 in a week

This rule applies whether you work in a hospital, clinic, nursing home, or private practice.

Why Employers Must Get Classification Right

Misclassifying nurses isn’t just a paperwork mistake—it’s a serious wage violation. For example, if an LPN is treated as exempt and denied overtime, or an hourly RN isn’t properly compensated for long shifts, the employer could face penalties, lawsuits, and back pay claims.

That’s why healthcare employers must look beyond job titles. The focus should always be on how the employee is paid and their duties.

Disclaimer: This information is based on fact sheets the DOL provides.

What to Do If You Think You’re Misclassified

If you regularly work over 40 hours per week and aren’t receiving overtime, and your role doesn’t require a specialized degree, you may have a valid wage claim against your employer.

It’s worth reviewing your classification, especially in facilities where long shifts and extended schedules are common.

Don’t know what to do next? Morgan & Morgan can help. Please reach out to us today by filling out our case evaluation form, and we’ll be happy to review it for free.