Nurses provide invaluable services in the medical care industry. They are entitled to proper wages and compensation because of their crucial role and hard work. No nurse should go unpaid or uncompensated for any reason. Many medical centers or employers withhold wages from these employees, causing demotivation and severe financial harm. Unpaid wages are a common issue in the California nursing industry. If you are not being rightfully paid for your work by your employer, you should speak to an employment attorney for legal recourse. At Stop Unpaid Wages, we understand your rights as an employee and are available to help with your wage-related matter.

Legal Definition of Unpaid Wages

Your employer is responsible for making timely payments for all work done. If they do not pay on time, you should receive unpaid wages. Unpaid wages exist for several reasons; not all can be blamed on the employer. For example, it will not be your employer's fault if you believe you are owed money for work not included in your employment contract. Under the circumstances, you are mistaken about the wages, and it is not your healthcare employer withholding the funds.

Similarly, unpaid wages could exist because of California or federal statutes barring employers in the medical industry from paying them due to incorrect contract details or a misunderstanding with the hiring organization. Nevertheless, when your contract provides for certain wages and no law opposes them, your hiring medical institution or provider withholds your wages.

Contingent on your case’s facts, state and federal statutes provide a legal recourse where you can file a lawsuit against your employer for the unpaid wages. A lawsuit should be the last way to claim the wages owed. You should first communicate the issue with the employer and, if possible, provide documents to prove you have worked but have not received payment. Discussing the problem with the employer can provide an amicable solution. Before exploring these options to resolve the unpaid wages issue, consult a competent employment attorney for legal guidance and understanding of state unpaid wages laws.

Unpaid Wages Impact

An employment contract provides all details of employment you should expect once you start the job, including work safety, wages, and timely payment. Therefore, when you start work, you have reasonable expectations that the employer must meet based on the contract. However, most California nursing industry workers are usually worried about unpaid wages or small paychecks.

The problem with unmet expectations is that you make future spending plans based on the details of the contract, including the amount of wages and when you should receive the payment. While you should only plan for the money you have or have savings to cushion you when there are wage delays, not everyone, particularly nurses, lives hand to mouth.

Quitting your nursing job because of delayed or unpaid wages is not an option, considering you might not have any savings left to sustain you as you search for another job. Besides, finding a new job is a struggle. Therefore, you could be forced to continue working without pay or with an undeserved paycheck. The reality of underpayment or unpaid wages can cause financial instability, which subsequently increases your anxiety and stress, not to mention lowering your living standards. As a medical professional, you expect to feel fulfillment from your job. However, unpaid wages can reduce your self-worth, pushing you into depression.

You may be servicing a mortgage or paying rent every month. One missing paycheck alone as a nurse can leave you incapable of paying rent or servicing your debt. Shopping for food in a grocery outlet becomes a problem, and you could be forced to turn to welfare programs like food stamps to survive. Unpaid wages will leave your home without utilities you pay for every month, like electricity, natural gas, and water, making it uninhabitable.

California Nurse Types

California has two main categories of nurses, and this affects their payment. Therefore, before claiming compensation for the unpaid wages, you should understand these types of nurses and your category. Education requirements and payment structures vary depending on your category. The two primary nursing certifications and their payment structures are:

Registered Nurse (RN)

Most nurses in the state are categorized as registered nurses. Obtaining a bachelor's degree in nursing or an associate degree takes years of education and training. California is the state that pays the highest rates to RNs nationwide. An experienced RN earns an hourly wage of $50. Despite the cost incurred in obtaining education, a practicing license, and the hours you put in, receiving payment for work can be a problem.

Nursing Practitioner (NP)

To become a nursing practitioner, you must obtain a nursing degree and complete nursing graduate school. Employers recognize the increased education requirement for this role, so they pay more than RNs. After acquiring years of experience, you will earn an hourly rate of $80. You are not entitled to an annual wage, exposing you to some of the payroll problems RNs experience. With the high education levels and in-depth understanding of your responsibility, some federal statutes recognize you as a professional.

Unpaid wages cause nurses untold suffering. Financial stress can lead to home loss due to unpaid mortgage, rent, or vehicle loss. Your self-worth and dignity as an employee also diminish. Signing an employment contract brings hope to many nurses, with many planning their expenses based on the expected wages. Nevertheless, their dreams are shattered by unpaid salaries.

California and Federal Overtime Laws

A major wage-related problem that the nursing industry experiences is unpaid overtime. Overtime refers to work done past specific hours provided for the day or week by the law. Nurses work overtime during emergencies or when more help is required, but this becomes a major wage issue when they are not compensated.

In Belt v. EmCare Inc. (2005), the Fifth Circuit Court ruled that nurse practitioners paid hourly wages were not exempt from overtime under the FLSA in a landmark case, Belt vs. EmCare Inc. In the ruling, the court pronounced that nurses were no longer exempt from receiving overtime pay. Before this court declaration, specific nursing categories were deemed exempt because of their “professional” status under the law, making them ineligible for overtime pay.

The Fair Labor Standards Act, abbreviated as FLSA, delineated some professionals as ineligible for overtime. For example, the law bars lawyers or physicians from receiving overtime because they receive a salary that factors in possible overtime hours included in the salary contract agreed on by all parties. However, dishonest hospitals and employers abused the FLSA, including nurses in the category of “professionals,” denying them pay for overtime work. The decision to categorize nurses, particularly NPs, as “professionals” was due to their high education level, which was equal to that of physicians. Nevertheless, the decision was unfair to nurse practitioners because they are not paid an annual salary. Instead, they earn an hourly wage, unlike physicians, who earn annual salaries and are classified as professionals under FLSA.

After decades of exploitation by unscrupulous employers, a nursing practitioner going by the name Belt filed a lawsuit against the employer, EMCare Inc., under FLSA for herself and other NPs denied overtime pay. In its declaration, the US Fifth Circuit Court ruled that NPs were not exempt from overtime as they were not paid annual salaries, which would have made them “professionals” under the federal statutes.

The wage rate provided under FLSA and Labor Code (LC) §510 is as follows:

• An overtime pay of 1.5 times the regular hourly rate for work done past eight hours in a day

• 1.5 standard hour rate for over 40 non-overtime weekly work hours

• Time and a half the regular hourly wage for working the seventh day in a row in a workweek

• Double the regular hourly rate for working more than twelve hours on a day

• Double the standard hourly rate for working over eight hours on a seventh consecutive day

However, the verdict by the court does not apply to:

• Certified nurse midwives

• Certified nurse anesthetists

• Certified nurse practitioners

These nurses are classified as “professionals” by the Labor Code §510—the exemption applies to advanced practice nurses whose salary is sufficient to incorporate the possible overtime. California labor laws, unlike the federal regulations, do not consider advanced NPs as “professionals” unless the employer does not influence their decision-making on the job or they make independent decisions.

Despite the Fifth Circuit court's decision, most NPs in California are not paid overtime. Others, like RNs, are paid overtime for work done more than 40 hours in a workweek. If, based on the legal provisions, you are eligible for overtime pay but your employer has not paid, you can file a claim for unpaid wages. Talk to a competent employment lawyer with experience representing nurses to evaluate your case and guide you on the next steps.

Reasons for Withholding Nurse Wages

Hospitals and hiring organizations in the medical industry withhold nurse wages for several reasons. The common ones include:

1. Medical Emergencies Cut Off Unpaid Breaks

California workers, nurses included, are entitled to a fifteen-minute paid break every four hours. The break must fall in the middle of the shift when it is reasonable. Additionally, nurses are entitled to unpaid lunch or meal breaks. LC 512 requires workers to receive a thirty-minute meal break for a shift that lasts at least five hours daily. You are entitled to an additional thirty-minute unpaid break if you work over ten hours daily.

Many hiring organizations require nurses to remain on the business premises during the paid breaks and be on standby if there is a medical emergency and additional assistance is needed. Besides, it is not uncommon for nurses on unpaid meal breaks to be called back to work when emergencies happen. While nurses are committed to helping their patients at the time of need, many employers tend to interrupt unpaid meal breaks. If your hospital asks you to work during unpaid meal breaks, they should pay you at a regular or overtime rate based on the total hours worked.

However, many hospitals and employers use complex policies to deny nurses pay for working during unpaid breaks.

There is nothing wrong with being called from your lunch break to help with an emergency once or twice a week. However, when it becomes a routine and you are not receiving compensation, you should consult an employment attorney to establish if you have an unpaid wages claim.

2. Excluding Work Done Before or After a Shift

If you work in a hospital, you know the environment is unpredictable. The place could be calm in one minute, but the next, it would turn chaotic. When this happens, the hospital management relies on nurses to restore calm and provide the critically needed treatment or emergency care to save lives. This means being called into work before the shift begins or continuing to work even after your shift ends. While you cannot turn down a request to attend to an emergency because your shift is yet to start or has ended, you need compensation for the extra work done. Nurses must be compensated for any duties performed outside their scheduled shifts.

Nonetheless, many hospitals do not compensate nurses for work outside their shifts. You could often be denied your rightful pay as a nurse for the work completed outside your shift because you did not execute the responsibilities as provided in the employment contract. However, most of the time, the hospitals dishonestly deny you these rightful benefits. If you have performed duties assigned in your contract before or after your shift and your employer has withheld your payment, you might have an unpaid wages claim, and it is time to consult with an employment lawyer for legal guidance and the best recourse.

3. Denying Nurses Overtime Opportunities

After the court declared in 2005 that NPs should be paid overtime because they are not professionals and are on an annual salary, many hospitals began denying nurses opportunities to work past 40 hours a week. They do this using a trick called the alternative workweek.

All employers must pay workers overtime for any work done past eight hours a day. Hospitals or medical industry employers are exempted from this policy if they comply with the relevant state rules. The guidelines for implementing an alternative workweek in a medical facility are stringent, and many employers do not fully comply with them, making any implementation of a workweek illegal. If your employer uses the alternative workweek principle to deny you overtime pay, speak to your employment attorney to determine if they comply with the state rule for implementing the principle. If they are not, you can claim unpaid overtime.

4. Denying On-Call Nurses their Rightful Pay

Nurses are often forced to be on call, meaning they must be ready to work whenever an emergency or extra assistance is required. Hours spent on call should be counted as working hours, and it is only natural to demand compensation for the hours spent on standby. Unscrupulous hospitals deny nurses compensation for on-call hours. The Eighth Circuit Court ruled that on-call nurses are not entitled to minimum wage or more. However, if your employment contract stipulates otherwise, the rule does not apply to you. It is difficult to know whether you have a claim for on-call hours. Therefore, consult with your attorney to review your case and determine if you have a claim for unpaid wages for completed on-call hours.

5. Dishonestly Assuming All Nurses are “Professionals”

California law on the classification of advanced practitioner nurses as “professionals” is nuanced and, therefore, many employers take advantage of the complexity to deny some eligible parties overtime pay. However, the regular NPs and RNs are not categorized equally, making them eligible for overtime pay. Many hospitals categorize nurses as exempt and do not compensate them for overtime.

In 2016, the Labor Department updated its overtime pay rules to include individuals with an annual salary not exceeding $47,476 who work outside regular working hours. Many nurses do not have an annual pay, and even though their yearly minimum wage exceeds the legal limit provided by law, it should not be a valid reason to deny nurses overtime wages. Discuss the case details with your attorney to determine if you have compelling evidence to lodge a claim.

Your Options for Claiming Unpaid Wages

If you are a nurse and your employer has denied you rightful wages or compensation, you might not know the best legal recourse. However, you must know that you can claim your rightful wages. You can lodge a claim with the state’s Labor Commission or file a lawsuit against the employer in court.

However, before you explore these options, it is best to communicate your dissatisfaction with your employer or hospital management. Employers must ensure timely and full compensation for all hours worked. When any attempts to resolve the unpaid wage dispute with the employer fail, you can now file a claim against the employer.

Submitting a Complaint with the Labor Commissioner’s Office

The first step towards reclaiming owed wages is submitting a claim with the Labor Commissioner’s office. Before filing your claim with the office, you gather evidence, including notes or logs on completed work hours with the hospital. Also, document copies of your pay stubs and employment contract. You can submit an official complaint to the industrial relations department once you have enough evidence to back your unpaid wage claim. If the commission approves your claim, they will schedule a meeting between you and your employer. The meeting is presided over by an official from the commissioner’s office. The official acts as a mediator to help the opposing sides arrive at a settlement. However, when negotiations fail, the case moves to the hearing stage.

A hearing is scheduled to hear the case and issue a verdict. If the commission rules in your favor, the employer will pay you the owed wages. However, they can appeal the decision for a court review if they feel it is unsatisfactory.

The precise steps you should follow to claim lost wages are:

• Communicate the issue with your employer

• Gather evidence in preparation for filing a complaint

• Submit your complaint to the Labor Commissioner’s office

• Show up for the settlement conference if the complaint is approved

• Attend a hearing to determine the matter if no settlement is reached

• Evaluate the decision

• If the employer appeals, prepare for court

Taking Direct Legal Action

The other option to seek compensation is to file a lawsuit directly in court without going through the commissioner’s office. However, you must work with an attorney from the beginning.

When your complaint moves to court after an appeal or you go directly to legal action instead of resolving the matter administratively, you must partner with a competent employment attorney to guide you through the process, gather evidence, and represent you in court for a fair verdict. Before filing a claim in court, a legal representative will explain your rights and review your complaint to identify instances where your rights were contravened by the hospital management or hiring medical organization.

Engaging an attorney early in the case is essential because your claim is only valid when submitted within the provided statute of limitations. When denied access to payroll records, you have twelve months from the incident date to report the claim.

If the employer verbally promises to pay you above the minimum wage as a nurse and they fail to, you should file a claim within twenty-four months of the promise.

Again, when the employer violates the federal or state labor laws by engaging in wage theft through overtime and unpaid breaks, you have three years from the violation date to submit a claim. Wage theft includes failing to pay overtime, withholding earned wages, or failing to provide legally required breaks.

Lastly, you should submit a claim for employment contract breach within 48 months of the violation date.

Find a Reputable Unpaid Wages Firm Near Me

As a nurse in California, the law guarantees you timely payment of your rightful wages and proper compensation for work completed. No employer should deny you this right. Dishonest hospitals use tricks and violate the law to deny nurses their rightful pay. If your employer has denied you your rightful wages, do not hesitate to call Stop Unpaid Wages at 424-781-8411 for case evaluation and claim filing. We understand the complexity of the unpaid claim process, which is why we are here to guide you.