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Sunday, April 26, 2026

Post-Pandemic, Nurses Face Increased Unfair Labor Practices and ... - JD Supra

Nurses constitute the largest workforce in the public healthcare system and play a critical role in the healthcare system’s shift from illness-focused to person-centered and health-promoting. Over the past three years, many nurses have incorporated travel nursing into their career paths. Hospital systems turn to contingent workforces, such as travel nurses, to address gaps in vacancies while often simultaneously engaging in unfair labor practices and wage violations. These troubling employment practices shed light on the inequities that many critical healthcare professionals face.

Nurses who believe that their employer engaged in illegal or unethical employment practices should reach out to an experienced employment law attorney for assistance.

Does the FLSA Apply to Nurses?

Hospitals and other healthcare entities must comply with the Fair Labor Standards Act (FLSA). The FLSA and state law requires that employers pay their qualifying employees the current minimum wage rate. When an employee is subject to state and federal minimum wage laws, the law entitles the employee to secure the higher of the two rates. In addition, the FLSA requires that employers pay their employees overtime pay at not less than time and one-half of the regular law rate of pay. However, certain employees, such as nurses, may be subject to the FLSA minimum wage and overtime pay exemptions.

Healthcare entities often classify their nurse employees under the “learned professional” exemption. Employees...



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