Under the Employee the Act

Samantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes.

• Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so
• Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.