No breaks (class action lawsuit)

DDdove, LPN · Oct 23, 2011

I had a DON write up a schedule to follow because I was having difficulty clocking out on time. haha the schedule took me through all twelve hours... hour by hour and guess what.....she had no lunch or breaks figured in!! But..of course we were docked for it. Pretty much tells you about where I worked....For Proffit SNF :) Still have that paper and have been tempted to post it :)

LoveMyBugs, BSN, CNA, RN · Oct 23, 2011

I worked for a large fast food chain that was part of a class action lawsuit for not providing rest and meal breaks, the company lost the suit, I was promoted to managemt right when the lawsuit was coming to a close, we had to have an outside company come in and audit our timecards and we would fax the time cards in at the end of the day, empployees had to puch out for breaks and meals (breaks where paid) they brought in times so employees could not clock back in early. I was well educated in my state labor laws after that.

Now that I am a nurse, I am looked at like I have two heads when I ask about a lunch break. One facility I was at had 4 nurses on the floor and we would buddy up and would always get a lunch break, 10 rest breaks you are dreaming! that would only mean you are getting further behind.

Where I am at now there are only 2 nurses on the floor so there really isn't anyone to cover you, unless the RCM is there then maybe, but that is where I get the look like I have 2 heads

The culture in my current facility is awful nurses would stay late, but clock out on thier scheduled time, they would clock out for lunches, but not take them.

I have told them I will not do that, I don't work for free, the job is too stressful as it is, I wouldn't want to do it for free.

So I take my lunches and I when I stay late I stay on the clock, as for brining forth a lawsuit for not getting my breaks, at my facility I could see them explain it away as, well we told the nurses to take their breaks

I work a second job and there the culture is so different breaks are encouraged, but it is part of a large employee friendly health system with magent status.

ddunnrn · Oct 23, 2011

Over my 25v years aas a nurse, this has been one of my favorite topics. Although your state law may not mandate lunch or breaks, Federal law does mandate that you must be paid for all time worked. So, if you answer the phone while trying to grab a bite at the nurses, station, that is paid time. If you clock out, then do some last-minute charting, that is paid time. If you are injured, and have to go to the hospital, that is paid time. Meetings, in-services, and even disciplinary actions are on paid time.

Unfortunately, healthcare facilities are some of the worst offenders concerning these rules, but the federal government takes them very seriously, and usually audits time schedules back three years, and has been known to award massive overtime awards to people who were not paid as they were supposed to have been.

Are you unionized? You should be. As another poster here said, document everything. Talk to an employment/labor law specialist and sue the pants of your employer. If they try to retaliate, sue them for that to. The only thing these corporate folks understand is $$$$$.

Dave Dunn, RN

(worked thru breaks on 11-7 shift for 6+ years)

wooh, BSN, RN · Oct 23, 2011

The problem is if you're on a unit that doesn't normally get breaks, management will blame YOU and your time management for not getting one.

Luckily I'm now on a unit that we normally do get breaks. Now I may not get my lunch until 9 hours into the shift, but I absolutely WILL take a lunch.

I've also learned that just taking a few minutes to clear your head and regroup actually SAVES time. Sometimes when you think there's no way you have time to stop for at least a break to drink some water (or a caffeinated beverage of your choosing) that's when you most need to just do it.

UnionRN2 · Oct 23, 2011

I can hear management/administration's argument now... something to the tune of "If you didn't get a break there must be something wrong with your organization. If you can't get organized then you will be written up and fired."

And all those nurses on your floor who don't get break and lunch... they won't stand behind you. They will keep their head low and keep taking the abuse. And management knows this.

As someone else said, document, document, document. And let me know where I can contribute to this class action suit.

mazy · Oct 23, 2011

I've heard of Faruqui, I think they've raided all the BON databases in the US trying to drum up business. Not sure if they are on the up and up, I don't know exactly who they plan to sue or what the plan is...

I'll just keep a wait and see attitude on that one.

I never get meal breaks, I rarely get bathroom breaks, if I'm lucky I multitask and take my meal break when I'm in the bathroom. :cool:

wooh, BSN, RN · Oct 24, 2011

I got a letter from I think it was the Faruqui firm, but it was after I left the unit that made me miserable. Once I was relatively happy at work, I didn't want to risk it by getting involved in a class-action, so I didn't look into it any further than reading their letter. Especially since whatever money I'd get would be counteractced by never being able to find a nursing job again, and I'm not at a point where that risk is worth it to force hospitals to pay up.

gruss8 · Nov 16, 2011

I am sure many of us reading this thread know what No breaks mean!
I am talking about 13 hours on my feet.. barely time to empty the old bladder.
Question is..
Have you heard of a Class Action lawsuit addressing this issue?

Got a letter about that today. It's about time. I'm going to pursue it. The last job I had in Dearborn Michigan I routinely went without a lunch even though I wasn't paid to that 30 minutes. I was afraid to leave my patient unattended and the expectation was that you were still responsible for what happened even if you were not there!!

xtxrn, ASN, RN · Nov 16, 2011

FWIW, and JMO.....but I'm not sure there's much to stand on unless the facility forbids breaks- and they won't - you may feel to busy to take a break (had probably 2 of 19 working years with regular breaks- the rest were probably 90% NO breaks). If someone chooses to not take a break (and yes- I KNOW that it gets too busy to take them - BTDT for years), and not wanting to stay over any more than absolutely necessary. But it's going to have to be a written policy saying you can't take them.......jmo :)

chevyv, BSN, RN · Nov 16, 2011

I make sure I take my break because I am better after those precious few minutes to myself. If I don't get my lunch, I sure am putting in the paper work! I do hear the time manegement lecture, and I let it go right out the other ear. I work hard and am getting paid.

Nursingluv101 · Jan 6, 2012

I will be honest sometimes I don't take break not because my hospital is depriving me of a break but just because I'm behind, and would like to catch up. Also, sometimes I'm asked did you take a lunch, but really I just had a granoloa bar and apple juice, went to the rest room and was back on the floor within 15 minutes. If thats what you call a lunch.

carolmaccas66, BSN, RN · Jan 6, 2012

I got told off not long ago for NOT having a break. By law, we must have a break of 30 minutes per every 6 hours worked.

And I often wonder, how on EARTH can anyone work 12 or 13 hours without having a toilet break? I don't care if the whole ward is screaming at me for things, I take my toilet break when I need it! I for one don't want to end up with a kidney infection.