jennylevi

Hi, if you are still out there, yes, your roommate is due overtime for all hours in excess of 8 per day and 40 per week. I am a CA wage and hour attorney working with some LVNs right now in getting their unpaid overtime from an agency. If you or any other nurses out there have any questions about whether you are being paid properly, feel free to email me at [email protected]. Good luck, and I hope she has found a good employer by now!

Are you in California and do you work for any Regents of CA hospital such as UCLA or USF where they have a union contract? I do wage and hour work in CA and without a union contract, as a general rule, you should get overtime for all hours in excess of 8 in any one period of 24 hours, or excess of 40 hours in any consecutive 7 day period. It will depend on your state and a possilby a few more facts about yor specific employer and situation.

Please check with a wage and hour attorney Oregon to be sure. In California, unlike most states, nurses are not exempt (under the standard professional exemption) because there is a specific CA Industrial Wage Commission (IWC) order that expressly says so (unless you are midwife, anaestesia specialist or one other specialty). Even then, if you have a union contract (such as all California State hosptials - UCLA, USF, Harbor Medical, etc.) then the union contract will likely contain a provision overriding the general state OT laws, with different OT rules. In other words, it can be complicated and a free consult with a wage and hour lawyer is wise. I am a wage and hour attorney in CA and also a woman, so I keep updated on this stuff here -- particularly for female dominated professions which seem to be more prone to OT exploitation. Med techs and assistants are very prone, too, as they are typically not exempt and do not know it. Good luck!!!