Nurses File Federal Lawsuit Alleging Unpaid Overtime at Nationwide Healthcare Services

Image source: U.S. District Court, Southern District of Ohio

Another wage-and-hour lawsuit has been filed, this time in Ohio federal court against Nationwide Healthcare Services, LLC, alleging the company failed to pay overtime at the proper rate in violation of the Fair Labor Standards Act (FLSA) and Ohio law.

What the Law Says About the Overtime Rate

For bedside nurses, LPNs, CNAs, techs, and other hourly healthcare staff, the central issue in many wage cases is how the overtime rate is calculated.

According to the Department of Labor (DOL): “The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 in a workweek.”

Ohio’s overtime statute mirrors that rule: “An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek.” 

The tough part is the regular rate. Under federal regulations, it generally includes far more than just base hourly pay: “The regular rate includes ‘all remuneration for employment paid to, or on behalf of, the employee’” except for some limited statutory exclusions. 

If certain non-discretionary bonuses, shift differentials, on-call pay, or other compensation are left out of the regular rate, the overtime multiplier can come out too low. That is a common theme in healthcare wage litigation.

Why This Issue Matters to Nurses

Even small errors in the regular-rate calculation can add up quickly with 12-hour shifts, rotating weekends, and short-staffed units. If a facility automatically deducts meal breaks that are interrupted for patient care, or if non-discretionary bonuses and differentials are not included in overtime calculations, affected workers may be shorted over time. The U.S. Department of Labor has repeatedly emphasized compliance in the care industry and publishes guidance for nurses on overtime. 

What to Do if You Think Your OT Rate Is Wrong

• Check your regular rate against your paystub: Compare total weekly compensation that should be included in the regular rate with hours worked to see if the math aligns with the eCFR formula. 
• Know Ohio’s baseline rule: Time-and-a-half kicks in after 40 hours in a workweek, subject to limited statutory exemptions. 
• Review federal guidance: DOL fact sheets for nurses and on the regular rate outline what must be included and what may be excluded. 
• Document interruptions to meal breaks and off-the-clock work: Clear notes, texts, and badge swipe records can help show hours actually worked. General FLSA principles require employers to pay for all hours worked and to compute overtime correctly at one and one-half the regular rate. 

Nurse.org will continue to follow the lawsuit against Nationwide Healthcare Services and update this article as the case progresses and new filings become available on the docket.

🤔Nurses, what do you think about this lawsuit? Share your thoughts in the discussion forum below!