Can an employer not pay hours that run past your scheduled time when you are a nurse?

I am a new LPN that just started practicing in October and many times
I do not finish my required work by the time I am supposed to leave
and there are many other more experienced workers that don’t either. I
got my pay check and saw that it was for 24 hours even even though I
worked 3 hours and 20 minutes past that and one of the days the power
went out for nearly an hour and put me very behind. I don’t even get
enough time to take a full lunch break and am on my feet constantly
trying to perform all my treatments and pass meds while there are tons
of unexpected events throughout the day not to mention many other
duties. My license is dependent on being thorough, accurate, and
attentive and a good deal of the time what is asked of me by my
employer takes longer than 8 hours and they just decide they’re not
going to pay me for that hard work. I want to approach them about but
want to be educated on my rights prior to doing so.

Asked on January 12, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are an hourly (not salaried) employee, the law (e.g. the Fair Labor Standards Act or FLSA) says that you must be paid for *all* time you work, regardless of your official "shift" (and also paid overtime when working more than 40 hours in a week). If you are an hourly employee and are not paid for all hours, your employer is violating the law and could contact the state or federal department(s) of labor to file a complaint. You are entitled to the back pay you should have received.

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