Wage and hour law RE: RN vs LPN

Nurses General Nursing

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Anybody know excatly how this law reads? One web site said RN's can be consider excempt employees just by virtue of being an RN and an LPN cannot. By the way I have graduated and passed the boards....I AM RN!!!!!

Specializes in Certified Med/Surg tele, and other stuff.

Color me dumb, but I'm confused. :)

Anybody know excatly how this law reads? One web site said RN's can be consider excempt employees just by virtue of being an RN and an LPN cannot. By the way I have graduated and passed the boards....I AM RN!!!!!

In my experience, it depends on the position (staff vs management or administration).

umm, im confused myself. I have never heard of RN's or any nurse for that matter being tax exempt. Please share where you obtained this info? I highly doubt its true cuz then everyone would become a nurse

umm, im confused myself. I have never heard of RN's or any nurse for that matter being tax exempt. Please share where you obtained this info? I highly doubt its true cuz then everyone would become a nurse

It's not tax exempt. It refers to eligibility for overtime. Salaried positions do not get overtime. Hourly positions do.

Specializes in FNP.

Here you go:

http://www.flsa.com/coverage.html

It has nothing to do with RN/LPN licensure.

Here you go:

http://www.flsa.com/coverage.html

It has nothing to do with RN/LPN licensure.

The link you provide actually states that it does.

The job duties of the traditional "learned professions" are exempt. These include lawyers, doctors, dentists, teachers, architects, clergy. Also included are registered nurses (but not LPNs), accountants (but not bookkeepers), engineers (who have engineering degrees or the equivalent and perform work of the sort usually performed by licensed professional engineers), actuaries, scientists (but not technicians), pharmacists, and other employees who perform work requiring "advanced knowledge" similar to that historically associated with the traditional learned professions.

It is my understanding (and I am a JD/RN) that RNs can be declared exempt regardless of their supervisory status. Most hospitals do not consider their RNs to be exempt, but they may if they choose. You will be told this at your interview.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
The link you provide actually states that it does.

The job duties of the traditional "learned professions" are exempt. These include lawyers, doctors, dentists, teachers, architects, clergy. Also included are registered nurses (but not LPNs), accountants (but not bookkeepers), engineers (who have engineering degrees or the equivalent and perform work of the sort usually performed by licensed professional engineers), actuaries, scientists (but not technicians), pharmacists, and other employees who perform work requiring "advanced knowledge" similar to that historically associated with the traditional learned professions.

It is my understanding (and I am a JD/RN) that RNs can be declared exempt regardless of their supervisory status. Most hospitals do not consider their RNs to be exempt, but they may if they choose. You will be told this at your interview.

It is the intrepretation of "learned professions" that LPN's were excluded and considered a technician like profession and do not use "advanced knowledge" which upsets most LPN's if they read the law. Hospitals pay nurses hourly and if they "dock your pay for being late" they have documented you are hourly and therefore must pay you overtime in excess of 40 hours per week. I once worked for a hospital that paid me hourly as a supervisor, would dock me if I came in late but would refuse to pay OT if I had to stay > 40hrs/wk. They claimed I was a hourly exempt employee...:confused: and that made me exempt from OT........I argued that thye were mutually exclusive and I was right. If you are exempt the salary "package" must commiserate with expenditure (money/benefits must equal time worked).

Why do you ask?

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