Legal Question in Employment Law in Alabama

Re: Fair Labor Practice Act

Your employer means the Fair Labor Standards Act. Generally speaking, full registered nurses are exempt from this law as "professionals". Section 213 of that code exempts "learned Professionals." Registered Nurses are included; LPNs and CNAs are not. Thus they don't have to pay you minimum wage even. Of course you can always vote with your - and a mass walk off can be effective.

There have however been a few cases where hospitals have had policies in place that cause them to lose that exemption. You say you are salaried, but are you really? If you are not salaried, then you are under the FLSA and not exempt and you can get double your back pay.

So what constitutes "salary"? The rules are pretty strict on this point. Does your employer dock you on a less than daily basis? That is, if you are unable to come in on your call (you in fact are the patient!) what does your employer do to your pay? If he routinely (far more than one or two times!) cut your pay by the hours you did not come in? If so you are not really salaried. What happens if you are late? Do they dock your pay? Or do they just write you up? Medical companies are notorious for screwing this up.

If you have any questions, please do not hesitate to send me an email:

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Sterling L. DeRamus

Attorney at Law