Certified nursing assistants help nurses and doctors take care of patients in a way they don’t typically have time for. CNA’s are responsible for checking vitals, taking care of patient hygiene, and tending to the patient’s most basic needs.
In 2013, almost 40% of healthcare aides were recipients of government benefits such as food stamps and Medicaid. Over 90% of them are women. Many CNAs are working as much as they possibly can to make ends meet, while their employer reaps the benefits of their hard work without compensating them.
Many CNA’s have been cheated out of mandatory overtime laws. If you’ve been treated unfairly by your employer and lost wages you know you rightfully earned, read on to see how our attorney’s can help you win your money back.
Is a CNA entitled to overtime wages?
Regardless of your experience or training, if you are a CNA you are entitled to overtime pay. Even if you work in a private home.
Overtime is calculated by your regular rate of pay and must be paid for all hours worked over 40 in a workweek. Your regular rate of pay is considered your base hourly wage, plus any bonuses throughout the week in question. Once you work a minute over 40 hours in a workweek, your overtime then becomes your regular rate multiplied by one-and-a-half.
There are some states that have a more generous law when it comes to overtime. For example, California requires a CNA get paid overtime for any hours worked over eight in a day. To learn if your state has a specific overtime law, click here.
<NEED TO BUILD OUT A PAGE FOR THIS> https://wageadvocates.com/overtime-pay-laws/overtime-wage-laws-state-by-state/
Where do CNAs work?
Take a look at any healthcare facility, and you’ll probably find a CNA. According to CNA Thrive, many workers start out at a skilled nursing facility. This is considered a springboard that will help them move onto home health aide or working in a hospital or rehabilitation center. Nursing homes are mandated by federal law to hire CNAs.
Regardless of if you’re working in a skilled nursing home or a major hospital, wage violations are rampant in this economy. Workers who perform their duties in the healthcare field are notoriously underpaid and excluded from collecting hard-earned overtime.
Though the statistics are hard to come by, recent studies indicate the vast majority of home health aides, CNAs, or nursing assistants working for an agency are victims of overtime violations.
In 2015, one study found roughly 84% of home health care workers in Pennsylvania weren’t paid overtime. This is a huge number, and greatly disturbing– as this could happen to you. Below are the top three most common wage violations in the healthcare field.
1. Expecting a CNA to work through their break without pay
One of the most common and illegal labor practices is by failing to provide pay if a nurse of any kind has to attend to a patient during their well-earned break.
Many employers may subtract the mandatory break from their employees check, which is legal. However, the problem occurs when a nurse taking their mandatory break, is forced to work off the clock. This includes anything from tending to a patient, to addressing an emergency.
This time counts towards your wages and overtime pay. Furthermore, it is not your job to notify your employer you were working– it’s theirs!
2. Working for free before or after a shift
Any work that benefits an employer should be counted towards your hours worked and overtime wages. Sometimes an employer may request assistance with something before or after your shift starts. If this happens and they don’t compensate you, it is a violation of wage and overtime laws.
3. Failing to update laws and keep up with the changes within them
Companionship services were previously exempt from the FLSA wage protections. But beginning in January 2015, nearly two million home health workers and CNAs who performed those kind of duties were finally given minimum wage and overtime protections.
Any and every CNA who is employed by a third-party company is now entitled to overtime wages. Laura Fortman, a member of the Department of Labor, said that “workers providing this critical work should be receiving the same basic protection and coverage as the vast majority of American workers.”
Questions About a Certified Nursing Assistant (CNA) Overtime Lawsuit? Contact a Johnson//Becker Lawyer for a Free Case Review.
If you feel that your employer is violating their requirement to pay you what you deserve, you should contact us for a free, no obligation case evaluation. We are actively filing new overtime lawsuits across the country and you may be entitled to financial compensation for your unpaid overtime wages.
We offer a Free Case Evaluation. Please contact us using the form below or by calling us at (800) 279-6386.
We would be honored to speak with you and respond promptly to every inquiry we receive.