Employer automatically taken break time away when I cannot take a break

[lashuna1028]

Can I legally request to be reimbursed the 30minutes each day that is being automatically deducted from my pay?

Since I am the only nurse working at night I cannot legally by state board leave the facility since it would be considered patient abandonment. My employer has also told me I cannot leave the facility. I asked about the break time being automatically deducted and the reply was "you can still take a break you just can't leave the premises".

Ok I've done my research and the Dept of Labor states a bona fide meal break is 30minutes AWAY from the workstation. It also states forcing an employee to remain on duty or eat at their workstation is not a bonafide break.

I am actually ok with not being able to take a bona fide break and be able to leave and come back. BUT what Im not okay with is them continuing to take 30 minutes out of my time as unpaid every day. I know this may sound petty to some but those minutes add up ( thats $120 per month for me) and also it is simply unjust.

So my question is I want to write a letter to HR requesting to be reimbursed (not since I've been there) but since the day I was written up 4/28 for leaving to go and get something to eat and coming right back (one of the employees snitched). Do you think that is a legally and genuine request?

[CT Pixie, BSN, RN]

Our non-licensed staff are not paid for their 1/2 hr break. They are not required to remain on premisis and can leave to do whatever they want during that 1/2 hr.

Where as the licenced staff (LPN and RN's) are paid for their 1/2 break, but we are not allowed to leave the building..well, we can leave the building but we have to be within hearing distance of the paging system..which is not far.

Since we are still "on duty" and have to report back to the floor if needed, we are paid for our 1/2 breaks. Since the unlicensed staff do not have to be "on duty" and report if needed, they are not paid for their 1/2 break.

If your facility requires that you remain in the building and you can be interrupted your break if needed, they should be paying you for that break time.

You could inquire with the Labor Board of your State to get a definitive answer.

[lashuna1028]

You system at your job sounds very fair and that is how it should be where I work. But it is a very small facility only one other nurse works there at night and that is when Im off and she seems to not really care. But I do! During the day time the day nurse can take a break if wanted because they work with the Director nurse and Assistant director nurse on duty. But at night its just one nurse.

So really I'll be the only one out of the nurses complaining which can look bad..but I dont care

[Jules A, MSN]

So really I'll be the only one out of the nurses complaining which can look bad..but I dont care

Well since you "dont care" go ahead but be prepared to deal with the consequesnces. I'm not saying it is fair in fact I rarely get to have a break either but I know that bucking the system over something like this just isn't worth the trouble to me. Good luck.

[lashuna1028]

I will not be intimadated by my employer and I don't work for free. My time is valuable and I expect to get paid for my time working here. So whatever consequences you are talking about ie maybe getting fired for requesting to be paid the full time I am on duty that is fine with me. It is a legitimate request and also I am employed by will so I can quit or they can terminate me by will.

[HouTx, BSN, MSN, EdD]

The Fair Labor Standards Act (FEDERAL LAW) requires your employer to pay you for the time that you are working unless you are a non-exempt (salaried) worker. This cannot be overridden by a state or local government - certainly not by a hospital or manager. That's why my organization requires hourly staff to clock out for lunch. Everyone thinks it's a big pain but it is a safeguard for the 'working through lunch' problem.

I would advise you to formally notify your HR department of this issue. They should address it immediately, including back pay as needed. If your HR department does not respond satisfactorily - all you have to do is lodge a complaint. The phone number must be posted on HR bulletin boards. If you can't find the information, you can google it to get a 'how to'. BTW, it is illegal to fire anyone for whistleblowing related to a violation of Federal law.

I know of several organizations that have been subjected to a Federal wage and hour audit as a result of an employee complaint. In each of these instances, the employers had to make restitution - back pay plus penalties to each of the affected employees -- PLUS a Federal fine.

[caliotter3]

Depends on how badly you need this job as to how far you want to take this. Complaints to the Labor Board do not make a person very popular with their employer and most definitely come with repercussions. Might not be worth it, but then again, it might. Good luck resolving this.

[NotReady4PrimeTime, RN]

You want to be careful how you handle this, especially if you are in a right-to-work or employment-at-will state. They may not be able to fire you for whistle-blowing, but they don't need a particualrly good reason in those states. They could just decide they don't like the way you sign your name on your MARs and you're gone. (An exaggeration, but not too far off.) If I were you I'd start off with a general enquiry from HR, saying something like, "I've been working here for X number of weeks now and I've noticed that I'm being docked pay for my breaks, even though I'm not able to leave my workspace. I wasn't aware that this would happen and I'm not sure it's fair. Should I be putting in a request for missed breaks?" Then see how they react.

[POTR]

Keep in mind, you and the 'snitch' already gave the employer ammo to fire you (and that could potentially lead to charges as well as damage your license) that has nothing to do with your 'whistle blowing.'