Guide to State Labor Laws for Nursing Employers
Labor laws: Healthcare employers in the US must comply with federal and state labor laws when hiring international professionals. For example, they must ensure that international hires are treated in compliance with US labor laws.
Here’s a quick summary of relevant labor laws to take into consideration:
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Labor Law
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Description
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Immigration and Nationality Act (INA)
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This federal law governs immigration and citizenship in the United States, including the employment of non-citizens. Employers must comply with the INA’s requirements for verifying employment eligibility through the Form I-9 process. |
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Fair Labor Standards Act (FLSA)
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This federal law establishes minimum wage, overtime pay, and other labor standards for most employees in the United States. Employers must ensure that international employees are paid at least the minimum wage and receive overtime pay for hours worked over 40 in a workweek. |
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Family and Medical Leave Act (FMLA)
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This federal law requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to eligible employees for certain family and medical reasons. Employers must provide eligible international employees with the same FMLA rights and benefits as U.S. employees. |
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Occupational Safety and Health Act (OSHA)
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This federal law establishes workplace safety and health standards and requires employers to provide a safe and healthy working environment. Employers must ensure that international employees receive the same OSHA protections as U.S. employees. |
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State Labor Laws
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In addition to federal labor laws, employers must also comply with state-specific labor laws, which can vary widely. Some states have their own minimum wage rates, overtime laws, and other labor standards that must be followed. |
Below are some of the key state-specific labor laws that are relevant for employers hiring international nurses in the top 15 states in the United States:
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State
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Average Hourly Wage (Nurses)
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Overtime
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Paid Sick Leave
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Family and Medical Leave
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| California | $57.28/hour | Time and a half for hours worked over 8 in a day or 40 in a week | Up to 24 hours of paid sick leave per year | Up to 12 weeks of unpaid leave for certain family and medical reasons |
| Texas | $35.36/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| New York |
$49.87/hour (NYC), $48/hour (Long Island and Westchester), $39.36/hour (rest of state)
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Time and a half for hours worked over 40 in a week | Up to 40 hours of paid sick leave per year | Up to 12 weeks of unpaid leave for certain family and medical reasons |
| Florida | $32.34/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Indiana | $32.66/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Pennsylvania | $35.02/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Ohio | $32.69/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Illinois | $37.10/hour | Time and a half for hours worked over 40 in a week | Up to 40 hours of paid sick leave per year | Up to 12 weeks of unpaid leave for certain family and medical reasons |
| North Carolina | $32.33/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Georgia | $34.30/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
| Michigan | $34.04/hour | Time and a half for hours worked over 40 in a week | No state law requiring paid sick leave | No state law provides additional family and medical leave benefits |
For more information about complying with state labor laws and ensuring your nursing business stays compliant, visit our website or contact us via (877) 858-1307, email us at irissagrado@filroglobal.com, or book a meeting. Our team can provide guidance and support to help you navigate the complex world of labor laws and protect your business. Book a consultation now to get started.
