Many employees in Louisiana may not know that there is a difference in overtime eligibility between salaried employees and employees who work on an hourly basis. In essence, under state and federal law, most employees who receive an annual salary instead of being paid at an hourly rate are not eligible to receive overtime pay from their employers. Hourly employees, on the other hand, typically will be owed “time and a half” for overtime hours.

In a recently filed lawsuit, a nurse practitioner in Louisiana has alleged that her former employer failed to pay her overtime wages that she was owed. According to a recent report, the employee has stated that she was classified as exempt from overtime pay by her employer, which the employee claims was an error under state law. She is no longer employed by the named defendants.

Under the applicable employment law, the employee may be able to recover not only wages that should have been paid, but other damages as well. However, just because a lawsuit has been filed does not mean that the employee will prevail. In some cases, classifications such as the one that the employer in this case made can be justified.

Only time will tell whether this former employee will be successful. The former employee, who is the plaintiff in the case, has reportedly requested that the case proceed on a track toward a jury trial. If it does, that is when the former employee will need to prove her case.

Source: Louisiana Record, “Nurse practitioner alleges she is owed unpaid overtime wages,” Lhalie Castillo, May 23, 2017