Federal wage Law ["FLSA"] provides that workers resident on the work premises and "on call" at all hours may be entiled to overtime for those hours if: a) the employer is an "institution primarily engaged in the care of the . . .mentally ill or defective . . ." See29 U.S.C. Sec. 203(r)(2)(A).
Nursing home resident care workers are often not compensated properly under this statute. Persons who are required to be resident with overnight sleeping accommodations may be entitled to overtime even when officially "off the clock" and within their "resident" quarters. The potential "class action" case for a chain of such facilities is enormous.
Frank Pray, Employee Rights Attorney