Are Nurses Exempt or Non-Exempt? How FLSA Overtime Rules Apply to Nursing Roles

By NurseCompensation Research Team · 2026-05-18 · 10 min read

Are Nurses Exempt or Non-Exempt? How FLSA Overtime Rules Apply to Nursing Roles

Most staff nurses are non-exempt and entitled to overtime pay. But nurse managers, NPs, and certain salaried roles may be exempt. Here is how the federal law actually classifies nursing positions.

The Basic Rule

Under the Fair Labor Standards Act (FLSA), employees are either:

  • Non-exempt: Entitled to minimum wage AND overtime pay (1.5x regular rate) for hours worked over 40 in a workweek
  • Exempt: Not entitled to overtime pay, regardless of hours worked

The default is non-exempt. To be exempt, an employee must meet BOTH a salary test AND a duties test.

The Salary Threshold (2026)

After a federal court vacated the DOL's 2024 final rule in November 2024, the current federal salary threshold reverted to:

  • $684 per week ($35,568 per year) to qualify for exempt status

The DOL had attempted to raise this to $1,128/week ($58,656/year) effective January 2025, but the U.S. District Court for the Eastern District of Texas invalidated the rule entirely.

Important: Some states have higher thresholds. California requires exempt employees to earn at least 2x the state minimum wage (approximately $66,560 in 2025). Colorado requires $1,111.23/week ($57,784/year) as of January 2026.

How This Applies to Different Nursing Roles

Staff RNs (floor nurses, bedside nurses): Almost always non-exempt. Even though RNs have specialized education and earn well above the salary threshold, staff nurses performing patient care do not meet the "duties test" for the professional or administrative exemptions because they do not exercise independent judgment in matters of significance related to management or business operations.

Charge Nurses: Typically non-exempt unless they spend the majority of their time on management duties. A charge nurse who still takes a patient assignment is almost certainly non-exempt.

Nurse Managers: Often exempt under the executive exemption if they: (1) manage a department, (2) regularly direct the work of two or more employees, (3) have genuine authority over hiring/firing/scheduling, and (4) earn above the salary threshold.

Nurse Practitioners: Can be exempt under the learned professional exemption. NPs who are salaried, exercise independent clinical judgment, and earn above the threshold typically qualify.

CRNAs: Usually exempt under the learned professional exemption due to advanced education, independent clinical decision-making, and salary level.

Nurse Educators (academic): Exempt under the teacher exemption (no salary threshold required for bona fide teachers at educational institutions).

Clinical Nurse Specialists: Depends on duties. If primarily providing direct patient care, likely non-exempt. If primarily in a management/administrative role, potentially exempt.

What This Means for Your Pay

If you are non-exempt:

  • You must be paid 1.5x your regular rate for all hours over 40 per week
  • Your employer cannot give you "comp time" in lieu of overtime pay (this is only legal for government employers)
  • Mandatory overtime must be compensated at the overtime rate
  • On-call time may be compensable depending on restrictions

If you are exempt:

  • You receive the same salary regardless of hours worked
  • Working 50 or 60 hours per week does not trigger additional pay
  • Your employer can require unlimited hours without overtime compensation

Common Violations

  1. Misclassifying charge nurses as exempt. Employers sometimes classify charge nurses as exempt managers. If the charge nurse still takes patient assignments and does not have true management authority, this is likely a misclassification.
  1. Not paying overtime on bonuses. When nurses receive shift bonuses or differentials, those must be included in the "regular rate" calculation used to compute overtime. This is frequently miscalculated.
  1. Automatic meal deduction without actual breaks. If your employer deducts 30 minutes for a meal break but you worked through it (common in nursing), those 30 minutes are compensable and may push you over 40 hours.
  1. Rounding violations. While the DOL permits rounding to the nearest quarter hour, some systems consistently round in the employer's favor, which is illegal if it results in undercompensation over time.

What To Do If You Think You Are Misclassified

  • File a complaint with your state Department of Labor or the federal DOL Wage and Hour Division
  • You can recover up to 2 years of back overtime (3 years if the violation was willful)
  • You are protected from retaliation for filing a complaint

Sources: U.S. Department of Labor Wage and Hour Division Fact Sheet #17A, FLSA Section 13(a)(1), DOL Opinion Letters on nursing classifications, November 2024 court decision vacating the 2024 salary threshold rule (State of Texas v. U.S. Department of Labor).