I am an RN working in a nursing home and for the last month I have been working 15 hours a day to cope with the huge volume of work . Is it legal? - Lawyers.com
QUESTION

I am an RN working in a nursing home and for the last month I have been working 15 hours a day to cope with the huge volume of work . Is it legal?

Asked on Apr 11th, 2019 on Labor and Employment - Texas
More details to this question:
The volume of work is huge and can't be done on time by me alone. Therefore I have been working 15 hours a day to get it done. Each day I take some of the work to my home and work on it until midnight. They didn't pay me overtime for it. They said there is no overtime pay for administrative position. I am so tired since I didn't get enough sleep. My manager keeps giving me more work to do. When I told her that this huge volume can't be done in the time frame she requisted, she said: if you can't do it then you have to resign. They facility I work in is under staffed. Is this legal? Thanks
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1 ANSWER
Answered on Apr 15th, 2019 at 6:40 AM
The answer to your question turns on whether you meet the requirements for an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA).  If you are exempt, your employer is not required to pay you overtime pay.  Further, absent some industry-specific regulations, in general there are no limits on the number of hours an employer can require you to work. Whether or not you are exempt depends on a number of factors including whether or not you are paid hourly or on a salary basis, whether or not your compensation is subject to increase or decrease based on the quantity or qualty of your work and what job duties you regularly and customarily perform.  So the determination of your status as exempt or non-exempt is one that can't be resolved in this forum.  That said, my quick search of several sources on the subject indicates that RNs are often considered exempt under the Professional exemption to the FLSA which also covers doctors, lawyers, accountants, engineers and other for whom advanced education is required for the job.  You can get a definitive answer to that question by visiting with your local US Department of Labor Wage & Hour office.  There is one in all of the major Texas cities.  Dallas and Ft. Worth share one located in Arlington. If you are exempt and the work-load situation you describe appears to be a permenant condition of that position, consider using your remaining time there to look for another job.  

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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