Overtime not being paid


I'm new to VA and I am a CNA and I work for an in home care agency and recently got my paycheck for working 47 hours that week. And I didn't get time and a half for my overtime. So my question is, is that right can they not pay me time and a half for working overtime?

allnurses Guide

llg, PhD, RN

13,469 Posts

Specializes in Nursing Professional Development. Has 46 years experience.

Bring it up with your employer and listen to what they have to say. It may have just been an oversight that they will correct if you bring it to their attention. Give them a chance to correct any mistakes as a first step in the resolution process. Laws can vary and I don't know the laws in VA ... but in some places employers have the right to choose how to designate/define overtime. Find out what their compensation policies are and be sure they are following them.


2 Posts

I have brought it to their attention right when I got my check and they said case rate clients you don't get overtime and when I said I don't have a case rate client they had nuthing to say then td me to talk to someone else and that person stumbled over their words then said they will be paying overtime in the future

Esme12, ASN, BSN, RN

4 Articles; 20,908 Posts

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 43 years experience.

Good for you for advocating for yourself. Then you will be getting OT in the future.

There are certain federal labor laws that govern how you are being paid. http://www.dol.gov/dol/topic/workhours/overtime.htm Some laws may vary slightly state to state.

We can not give legal advice as per the terms of Service. Check with your employer/director/HR. for your back pay you can always file a complaint with the fair wage department

Specializes in Critical Care, Education. Has 35 years experience.

It is pretty sad, but all aspects of the current FLSA (Fair Labor Standards Act) has never applied to direct care providers - so they do not have the same minimum wage & overtime protections as other health care workers. BUT, THERE IS GOOD NEWS!!! This has recently been corrected & Home Care direct care providers will be covered as of Jan 1, 2015. I realize that this is not helpful to the OP, but at least it's being improved.

Here is the link with more information http://www.dol.gov/whd/homecare/

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