Nurse Practitioner Overtime Pay

Specialties NP

Published

Hey all ! First time posting on this forum and I am hoping someone out there has some knowledge in overtime pay and FLSA!

Here is a brief summary of my situation:

Currently my employer requires me and my fellow NPs / PAs to work 1 weekend a month and to prevent us from working over the required 80 hours / pay period we get 2 days off the week following the weekend we worked so that our over all hours do not increase. Not too bad.

Now, however, because they plan to expand clinic hours and brought on another physician they feel as though having us off during the week is not beneficial. Therefore, we will now be forced to work 12 days in a row (Monday -Friday, the weekend, Monday - friday), which will amount to over 100 hours in a pay period. Not okay.

I have done some of my own research on labor laws, however, as someone who is treating patients it doesn't seem safe or right to be in that many hours. I found a court case in 2005,which basically stated that "it was determined that nurse practitioners do not fall under the FLSAs "professional exemption" and therefore NPs are entitled to overtime pay. In the Belt v. EmCare, Inc. case the Fifth Circuit Court of Appeals held that Nurse Practitioners were entitled to overtime pay because they were not licensed to practice medicine and had to be paid a salary to be held exempt from receiving overtime pay. In addition, the Fifth Circuit Court of Appeals held that physician assistants were entitled to overtime pay wages (1.5 times the hourly wage) for working in excess of 40 hours per week.

So basically, my question is, can they force overtime pay upon me and my coworkers like this and if so, what type of compensation should i be asking for ?

I did put out some feelers on the matter ! Also reached out to the state board to see if they had any knowledge on the matter as well! Hoping to hear something !

Up Vote Up Vote ×

Thanks for the response Core0 ! Sadly some of my co-workers are already looking for other jobs, which will definitely add up to a huge expense for the physician group and they definitely won't be getting their weekend coverage when we are short staffed!

Their plan was to "pay us something" for the extra days. I am trying to figure out what a fair compensation would be as well at this point as well. I doubt they will re-classify us into the non exempt status because they would be paying a lot more for overtime pay (believe me I would track every hour lol). We have big meeting this week regarding the matter. I am wondering if i should reach out to the HR rep and ask them to attend the meeting as well. Might help in negotiations.

Up Vote Up Vote ×
Specializes in Family Nurse Practitioner.

I'm confused as to why some feel overtime isn't appropriate? Being salary doesn't mean you can't negotiate above and beyond your set duties. They are changing the terms so it is time to renegotiate. There is no way I'd work more than 40 hours on a regular basis or any weekend shifts that weren't previously agreed upon without a significant shift differential.

Up Vote Up Vote ×

Jules A -- thats the entire point. They want us to work over 100+ hours in a pay period once a month. While I agree that some overtime is expected, and I already work between 40-50 a week regardless and am only compensated for 40. This seems to be in excess by adding two extra work days in.

Definitely time to renegotiate or like some of my co-workers are probably going to do, quit.

Up Vote Up Vote ×

You are already working extra, quite a bit extra in fact, up to 10 hours a week, without being compensated for it.

The job is nothing great, and now it is getting worse.

I don't know what the market is in your area, but it is certainly worth checking out other jobs.

I am of the opinion that any NP working for 50 bucks an hour is being taken serious advantage of.

Up Vote Up Vote ×

Oldmahubbard - unfortunately in Tampa, Florida the pay isn't quite as competitive as other places in the country. You're right, in many sense we are being taken advantage of.

Up Vote Up Vote ×
Specializes in Family Nurse Practitioner.
Oldmahubbard - unfortunately in Tampa, Florida the pay isn't quite as competitive as other places in the country. You're right, in many sense we are being taken advantage of.

As futile as it might seem I'd encourage anyone in a state or area like this to get involved in their state's NP organization. Lobbying for Full Practice Authority opens many doors and at the very least lightens the number of NPs vying for the same low paying jobs as the movers and shakers venture out to private practice.

Network with peers, discuss salaries, go where the income is highest. Sounds trite but these places are paying low rates because people are willing to work for low rates. Start saying no, encourage your peers to say no and eventually things will improve.

Up Vote Up Vote ×
Specializes in Internal Medicine.

Renegotiate if you can swing it. If your contract was specific about the number of hours expected of you on a weekly basis, you already have a pretty simple solution.

If they don't want to renegotiate but your contract is specific on the hours or days expected of you, you can easily just refuse the extra days since it would clearly be going above and beyond what your contract dictates. If they forced you or threatened you, they would be in breach of contract, and would get in trouble if they tried to retaliate. Just don't back down. It seems like you've done your research and recent history in our field is riddled with stories about large employers trying to bully employees into accepting unreasonable terms after the fact.

I also want to add that Federal laws will override state laws if they are in conflict with each other.

Up Vote Up Vote ×
Specializes in Pedi.
Sorry for further clarification, I live in the state of Florida, which from what i read follows the same laws as federal labor laws. Also I am a salaried employee right now

By law, they do not have to pay you OT. As a salaried employee and a "learned professional", you would be considered "exempt" from the FLSA. http://www.flsa.com/coverage.html

That is not to say that you can't negotiate for more pay but your employer is not required by law to pay you more.

Up Vote Up Vote ×

So this post irked me enough to post. Something I think the OP should realize is that you are a professional and as such labor laws do not apply. If you are salary that is that; however, you should get "premium pay"

for the additional hours worked. It is completely safe to work that many days in a row, we (CRNAs) often do that and more. For our group when we come in extra or work additional we are compensated an hourly "locum rate" which is fair to the market. Keep in mind if you claim overtime laws apply you are claiming you are not a professional and truly insulting your profession and practice.

Up Vote Up Vote ×
Specializes in Rheumatology/Emergency Medicine.

I'm lucky in that I get OT pay, I work with 4 MD's and I help out with their patient secure messaging and calling patients, putting out fires, etc at the end of the work day, but they pay me +70/hr during the week days and $82/hr on the weekends to do it, additionally I pick up 1 OT shift in our ER on sundays because I like the ER, in addition it's 1.50 OT + .25 for weekends = 1.75 of my regular rate. I will have close to 40 hours of OT on this next check, sweet bonus :-)

Up Vote Up Vote ×

You are almost certainly Salaried. They can make/expect you to work 100 hours a week and then you have the option of quitting or putting up with it. Good managers/business owners want to retain good employees and reduce turnover.

One of the culture issues with Medicine and partially in the USA is working these heroic endless hours where you are asleep on your feet and making errors. The MD's sound like practice owners so the end result is they make more money (and possibly get taxed at better rate) the more money you make for them.

Up Vote Up Vote ×
+ Add a Comment