Nurses may pursue FLSA claims
Nurses working a 37.5 hour work-week may pursue claims for unpaid work of more than 40 hours a week, even though they cannot use the Fair Labor Standards Act case to recover pay for the 2.5 hours before the FLSA can be invoked. A federal District Court in New York has permitted the case to proceed as a class action based on the nurses’ testimony. The nurses claimed that supervisors would not approve overtime payment forms so that they could not submit requests for payment as required by their nursing home employer. They also testified that they frequently worked through meal breaks and were often told to “clock out” and continue to work with their patients. The defendant argued that the...
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