In the healthcare industry, nurses, specifically traveling and in-home nurses, play an indispensable role in providing quality care. However, in the state of California, there’s an unsettling reality lurking behind the scenes—pay violations in the nursing industry. As a traveling or in-home nurse, understanding these issues can help you take the right steps if you’re a victim. And if the situation calls for it, engaging an employment attorney might just be the solution.
Understanding Pay Violations
Pay violations are breaches of wage laws that often involve unpaid overtime, incorrect wage calculations, and inadequate break times. According to a study by the Economic Policy Institute (EPI), employers steal billions of dollars a year from workers’ paychecks (Economic Policy Institute, 2017). In the context of traveling and in-home nurses in California, these violations are unfortunately not uncommon.
Pay Violations in the Nursing Industry
When it comes to traveling nurses, who are often on the road visiting patients, the trouble often starts with unpaid travel time. A common violation is not counting time spent traveling between patient homes as work hours, which is a direct violation of the Fair Labor Standards Act (FLSA) (U.S. Department of Labor, n.d.).
In-home nurses, on the other hand, often face issues related to live-in shifts. They may not be compensated for their full 24-hour shift, with employers incorrectly deducting sleep and meal times. This is contrary to California wage law, which mandates that all hours a worker is under the control of their employer must be compensated (California Department of Industrial Relations, 2021).
Regardless of the type or nature of the care being provided, California nurses are all protected by the same laws that mandate meal and rest breaks, overtime wages (that include shift differentials), on-call pay, pay during travel and all reimbursements for expenses incurred by employees involved in the performance of their job duties.
Recognizing and Addressing Pay Violations
Knowledge is the first line of defense against pay violations. By understanding the laws, you can recognize when your rights are being violated. However, taking action isn’t always easy. Fear of retaliation or job loss can deter nurses from standing up for their rights.
This is where the expertise of an employment attorney becomes crucial. They can help you understand your rights, guide you through the process of filing a claim, and represent you in any legal proceedings. Furthermore, under the California Labor Code, your employer cannot retaliate against you for exercising your rights (California Labor Code Section 98.6).
Contact Our Employment Attorneys Today
If you’re a traveling or in-home nurse in California and suspect you’re a victim of pay violations, it’s essential to consult with an employment attorney. They can help you navigate the complex legal terrain, ensuring you receive the pay you’ve rightfully earned. Remember, standing up for your rights not only benefits you but also sets a precedent that can protect other nurses from experiencing similar violations.
In conclusion, pay violations against traveling and in-home nurses in California are a serious issue that demands attention. By understanding the problem, recognizing the signs, and taking action, you can help create a fairer workplace for all nurses. Contact our Employment Attorneys today for a free consultation and review of your situation. You also pay nothing unless you prevail in your claims and are compensated by your current or former employer!
Sources:
- Economic Policy Institute. (2017). Employers steal billions from workers’ paychecks each year.
- U.S. Department of Labor. (n.d.). Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA).
- California Department of Industrial Relations. (2021). Hours Worked (California).
- California Labor Code Section 98.6. (n.d.). Protection of Employee Rights.
Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice tailored to your situation, please consult with one of our qualified employment attorneys.
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