Your rights at work

The questions clinicians ask

• Is a 12-hour shift overtime?

  Not under federal law by itself: overtime is hours over 40 in the workweek, or over 8 in a day and 80 in 14 days if your hospital uses the 8-and-80 system.

• I am a salaried RN. Do I get overtime?

  Maybe not, if you meet both the duties and the salary tests. An RN paid hourly is owed overtime, and LPNs generally are too.

• Why does my fire department pay overtime only after 106 hours?

  Public fire departments can use the §7(k) work period. Private ambulance services and hospitals cannot.

• Do I get paid for sleep on a 24?

  At a public fire department on §7(k), a 24 is all paid. Elsewhere, up to 8 hours of sleep on a 24 or longer can be unpaid only by agreement, with real sleeping quarters; calls are paid, and under 5 hours of sleep makes the whole period paid. Shorter shifts are all paid.

• Do they have to pay for charting after I clock out?

  Yes, if they know or have reason to know you are doing it. A "no off-the-clock work" policy does not change that.

• Do I get a lunch break?

  Federal law does not require one, and an unpaid meal must be duty-free. Break rules we confirmed in 17 states are listed.

• Can they make me stay past my shift?

  Federal law sets no limit on hours, only overtime pay. We have confirmed mandatory-overtime limits for nurses or health care workers in 17 states.

• Does my state have nurse ratios or a staffing committee?

  We have confirmed staffing ratio, plan or committee laws in 11 states.

• Can I tell co-workers what I make?

  Yes, in the private sector, unless you are a supervisor. Rules that ban talking about pay are unlawful.

• Can they punish me for reporting a safety problem?

  At a private employer, no, but you have only 30 days to file with OSHA. Public employees depend on a state plan or state law; see Unions and public employers.

• I work at the VA, IHS or a military hospital. Who covers my safety?

  Your agency's own safety program. You can report hazards to the agency or the Secretary of Labor and decline a task posing imminent danger; reprisal complaints go through agency procedures.

• My agency calls me a 1099 contractor. Am I?

  The label does not decide it. The DOL looks at economic reality and the IRS at who controls the work.

• Is my noncompete enforceable?

  The FTC ban never took effect and has been removed, so it depends on state law.

• A recruiter wants a fee, or sent me a check. Is it real?

  No honest employer charges you to get a job or sends a check and asks for part of it back. Report it to the FTC.

• Do travelers and part-timers get FMLA?

  Yes, after 12 months and 1,250 hours with the same employer at a worksite with 50 employees within 75 miles.

• When is my last paycheck due?

  Federal law sets no deadline; state law does. We have confirmed the rule in 41 states and D.C..

• A board complaint was filed against me. What now?

  Read the deadline, call your malpractice carrier, and find your board.

Who to call

Your state page lists the state labor agency where we have confirmed its complaint page (41 of 51 so far). The U.S. Department of Labor handles federal wage law; for a state-law rule, contact the state labor department.

Pick your state

• Alabama
• Alaska2
• Arizona1
• Arkansas
• California4
• Colorado1
• Connecticut4
• Delaware2
• District of Columbia1
• Florida
• Georgia
• Hawaii1
• Idaho1
• Illinois4
• Indiana1
• Iowa1
• Kansas1
• Kentucky2
• Louisiana1
• Maine3
• Maryland2
• Massachusetts4
• Michigan1
• Minnesota4
• Mississippi
• Missouri1
• Montana1
• Nebraska1
• Nevada3
• New Hampshire3
• New Jersey2
• New Mexico
• New York3
• North Carolina1
• North Dakota2
• Ohio1
• Oklahoma1
• Oregon4
• Pennsylvania2
• Rhode Island3
• South Carolina1
• South Dakota1
• Tennessee
• Texas3
• Utah1
• Vermont2
• Virginia1
• Washington4
• West Virginia3
• Wisconsin1
• Wyoming1

The number is how many state-law topics (mandatory overtime, staffing ratios, plans and committees, final paycheck, meal and rest breaks) we have confirmed on that state's own statute or agency page. 44 states have at least one so far. Alabama, Arkansas, Florida, Georgia, Mississippi, New Mexico, Tennessee show federal rules only for now. Every state page lists the topics still to be confirmed.

By topic

• Pay and hours

  Am I being paid for all my time?

• Mandatory overtime and staffing

  Can they make me stay, or give me that many patients?

• Travel and contract work

  What does my contract or agency status change?

• Speaking up and safety

  Can I be punished for speaking up?

• Leave, injury and accommodation

  Can I take time off and keep my job?

• Your license

  A board complaint was filed. What now?

• Unions and public employers

  I work for a county, city or union shop. What is different?