Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.
Some of the ways that health care facilities (especially skilled nursing ones) cheat workers
out of their overtime is:
1) Tell you to arrive early for report and THEN clock in.
2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour
3) Make you attend meetings off the clock
4) Tell you to clock out and finish your charting or other work
5) Tell you to clock out and do the narcotics count
6) Tell you to clock out and wait for your relief.
They always threaten you with the loss of your license if you don't stay.
A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.
Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,
and food service will join in to collect their back money
It looks like the suit is expanding nation wide to many skilled nursing facilities.
Read about it here: