Clinical Nurses: Exempt Employees Under Texas Law?

Nurses in Texas are often misclassified as exempt employees when they are not working in a clinical setting or are paid by the hour. This means they are not guaranteed overtime pay. However, even independent contractors are often entitled to overtime pay. In general, RNs are considered exempt employees, but LVNs and CNAs usually qualify for overtime as they are not exempted by the 'learned professional test'.

Nurses working through medical staffing companies

In Texas, nurses are often required to work overtime due to a significant nursing shortage. While some nurses welcome the opportunity to earn more, others are content with their regularly scheduled hours. There are four situations in which Texas nurses may not decline working overtime: natural disasters in their county or an adjacent county; government-declared emergencies in their county or an adjacent county; when a patient's health or safety is at risk; or when a nurse's services are required to open or keep open a facility.

In general, RNs are considered to be exempt employees, which means they are not guaranteed overtime pay. However, LVNs and CNAs usually qualify for overtime, as they are not exempted by the "learned professional test". Licensed vocational nurses are also considered non-exempt employees unless they meet very specific criteria.

RNs working in non-clinical settings

Registered nurses (RNs) working in non-clinical settings are often misclassified as exempt professional employees. This means they are not guaranteed overtime pay, even if they work more than 40 hours per week. However, even independent contractors are often entitled to overtime pay.

In Texas, RNs are generally considered exempt employees, which means they are not guaranteed overtime pay. This is true even for RNs working in clinical settings. However, there are some situations in which Texas nurses may not decline working overtime, such as in cases of natural disasters or government-declared emergencies. In these cases, hospitals must first attempt to satisfy staffing needs through voluntary overtime, and they may not retaliate against nurses for declining overtime.

It's important to note that misclassifying nurses as "independent contractors" is also common. Nurses working through medical staffing companies are often labelled as contractors or 1099 employees, receiving the same hourly rate for all hours worked, even those over 40 in a workweek.

If you are an RN in Texas and are unsure about your status under the Fair Labor Standards Act (FLSA), it is recommended to consult a Texas employment lawyer.

RNs paid by the hour

In Texas, RNs are generally considered exempt employees, meaning they are not guaranteed overtime pay. However, this only applies if they are not working in a clinical setting or are paid by the hour. If RNs are paid by the hour, they are entitled to overtime pay for any hours worked over 40 in a workweek. This is because, in Texas, nurses are covered by the FLSA (Fair Labor Standards Act), which states that "all nursing care enterprises, public and private, whether operated for profit or not for profit" are entitled to overtime pay unless they are exempt.

LVNs and CNAs usually qualify for overtime pay as they are not exempted by the "learned professional test", which exempts employees who meet specific criteria. This means that, in general, RNs, LVNs, and CNAs who work voluntary or mandatory overtime hours are often exploited by their employers and not paid the overtime wages they are owed.

There are four situations in which Texas nurses may not decline working overtime: natural disasters in their county or an adjacent county, and government-declared emergencies in their county or an adjacent county. In cases of emergency, hospitals must first attempt to satisfy staffing needs through voluntary overtime, and they may not retaliate against nurses for declining overtime. It is illegal to not pay a nonexempt employee for overtime hours worked, but many employers try to avoid this by denying full-time employees the compensation they earned.

Licensed vocational nurses

In Texas, licensed vocational nurses (LVNs) are not exempt from overtime pay. They are considered non-exempt employees unless they meet very specific criteria. LVNs and CNAs usually qualify for overtime as they are not exempted by the 'learned professional test'. This test exempts employees when they meet certain criteria.

In general, RNs are considered to be exempt employees, which means they are not guaranteed overtime pay. However, they are often misclassified as exempt professional employees when they are not working in a clinical setting or are paid by the hour. Nurses working through medical staffing companies are often labelled as 'independent contractors' or '1099 employees'. They receive the same hourly rate for all hours worked, even those over 40 in a workweek.

Even independent contractors are often entitled to overtime pay. If you are a nurse and worked more than 40 hours per week without additional overtime compensation, you should speak with a qualified Texas overtime attorney. A board-certified employment law specialist can help you recover up to three years of overtime back payments.

There are four situations in which Texas nurses may not decline working overtime: natural disasters in their county or an adjacent county, and government-declared emergencies in their county or an adjacent county. In cases of emergency, hospitals must first attempt to satisfy staffing needs through voluntary overtime. Hospitals may not retaliate against nurses for declining overtime. Failing to pay a non-exempt employee for overtime hours worked is illegal.

Overtime regulations

Texas law states that nurses are entitled to overtime pay, unless they are exempt employees. Registered nurses (RNs) are generally considered exempt employees, meaning they are not guaranteed overtime pay. However, if RNs are not working in a clinical setting or are paid by the hour, they may be misclassified as exempt employees. In such cases, they may be entitled to overtime pay.

Licensed vocational nurses (LVNs) and certified nursing assistants (CNAs) typically qualify for overtime pay, as they are not exempted by the "learned professional test". This test exempts employees who meet specific criteria. Most states, including Texas, allow for mandatory overtime for nurses. However, nurses who work voluntary or mandatory overtime hours are often exploited by their employers and may not receive proper compensation for their overtime work.

Under the Fair Labor Standards Act (FLSA), all nursing care enterprises, public and private, are covered, regardless of whether they are operated for profit or not for profit. This means that unless a nursing home or assisted living facility employee is exempt, they are entitled to overtime pay in Texas.

It is important to note that even independent contractors, such as nurses working through medical staffing companies, are often entitled to overtime pay. If a nurse has worked more than 40 hours per week without additional overtime compensation, they should speak with a qualified Texas overtime attorney to recover up to three years of overtime back payments.

Frequently asked questions