CNA jobs...is it always like this?

Nursing Students CNA/MA

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I was just recently certified with the state and got my first job. I loooooved the work, the residents and the other girls I work with however, the working conditions seem to bit....ummm....unfair to the employee. We aren't allowed breaks or meal breaks during our shift. As a matter of fact, if seen sitting down you can get into trouble or fired. Also, they are requiring us to clock in 15 minutes early, but are not paid for that time. I will say that the residents are extremely well taken care of. They know they are loved and cared for by the staff.

Help! I think I've made the wrong decision about where to work.

Yes, if all of those things are true (and I am not saying they are not) then you need to get out of there. I don't think that what they are doing is legal.

Specializes in Med-Surg/urology.
We aren't allowed breaks or meal breaks during our shift. As a matter of fact, if seen sitting down you can get into trouble or fired.

:eek::eek::eek::eek::eek::eek::eek::eek:

Is this even legal? No breaks?!

Please do yourself and all of us a favor. Report this employeer you're working for.

I am def considering being a whistle blower on this one. I'm normally very much a "live and let live" kind of person, but this is downright unfair to the employees and yes...it is breaking labor laws BIG TIME. I just started this job last week and was not told of these working conditions until I was there on my first day. I adore taking care of people and got so much joy from being able to help the residents but it was at the expense of my lower back and feet. I worked 2 shifts last week and it took me 3 whole days for my back to recover. I found myself lying and going to the restroom just to put the lid down and rest my back for a minute. They also require us to do peri care with the resident standing up. How in the heck??? I can't imagine anyone getting a person clean after toileting if they are standing up and you can't get to the peri area efficiently.

That doesn't make any sense...at all! You should report that employer!!

Good luck!!

There are no federal laws regarding breaks and meal periods, so you will have to find out what your state law says and/or what your company's employee handbook says. Even if you are entitled to breaks under state law, they do not have to be paid. Again, this is a state law thing. Before you consider blowing the whistle, make sure you have legal ground to stand on.

Yeah, I know it seems like common sense. Maybe this will be helpful:

http://www.ewin.com/articles/restper.htm

Specializes in Med-Surg/urology.

You mentioned that you have to clock in 15 min. early.

Maybe that's what they consider your 15 min break..just a thought.

The 15 minute early clock in is supposed to be for shift change and updating ourselves on events that happened on the previous shift...which is work to me...and should be paid. Our laws require 15 min breaks for every 4 hours worked and 30 min break for 6 hours work. Also we have a state law that says employers are not allowed to force an employee to clock in more than 5 min prior to their shift without pay. Yeah, there are a few labor laws being broken here. I think they just either don't know, or haven't been busted on this yet. I do know that if they are caught then the state will audit them and force to go back and retro pay people for 15 min early clock in. Not sure if anything other than a fine would happen for the "no breaks" rule...

Good for you for finding this out. Now what? I would call or write your local state agency responsible for enforcement, but frame this as a question first (are they in violation and how so? May I have your name and title?) so you get the ground rules. Hate to sound like a troublemaker, but I am. If you're serious, find out the statues specific to your situation and be prepared to offer documented violations into evidence. Hearsay is you or a coworker saying "I wasn't given a break" ... essentially this is ******* in the wind without the testimony of you and others to back your claim up. Can be a slow process. And your original question points to that: "Is it always like this?" Well, in many cases yes it really is, but only because it's a fight most people aren't willing to take on.

The 15 minute early clock in is supposed to be for shift change and updating ourselves on events that happened on the previous shift...which is work to me...and should be paid. Our laws require 15 min breaks for every 4 hours worked and 30 min break for 6 hours work. Also we have a state law that says employers are not allowed to force an employee to clock in more than 5 min prior to their shift without pay. Yeah, there are a few labor laws being broken here. I think they just either don't know, or haven't been busted on this yet. I do know that if they are caught then the state will audit them and force to go back and retro pay people for 15 min early clock in. Not sure if anything other than a fine would happen for the "no breaks" rule...

I certainly am relieved to know that not all places are like this. I quit the job yesterday and told them why. As soon as I find another job, which I do have leads, I'll contact the DOL about the working conditions at the other place. I'm contacting my other leads today, one had even wanted to hire me on a PRN basis knowing I'd accepted a full time job elsewhere. I'm calling them today to let them know that I'm available. :)

I wish you the best of luck. I can't believe a place would treat their employees like that. I worked at a bar once that treated us like that, but I didn't ever expect to see that type of treatment again.

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