NYC Hospitals Named In Lawsuit Regarding UnPaid Overtime - page 2

by DoGoodThenGo

4,174 Views | 18 Comments

"A wave of class-action lawsuits hit city hospitals Thursday, charging nurses and other employees are forced to work through unpaid lunch breaks. The eight suits against public and private institutions say more than 100,000... Read More


  1. 1
    salary or not, everyone deserves a mental/physical break n some food so that we can function... What happens if a nurse is diabetic or hypoglycemic?
    We are in the US afterall, this is not a sweatshop, or am I dreaming?
    Bella'sMyBaby likes this.
  2. 0
    I agree to disagree with you Bella.
  3. 3
    It's up to us nurses to fight for what is right, I guess. I think it is horrible that anyone has to work without fair compensation. Those who push this practice should not be in the position to do so. They are committing illegal and unethical acts.
    Batman25, fungez, and Jessy_RN like this.
  4. 0
    [quote=Ellekat;4205101 I've had supervisors who sent an extra admission my way if I took ten minutes to eat because "you had time to eat, so you must be caught up". .[/quote]



    Yup.....sigh, so true!
  5. 4
    To the person who is required to sign stating they got their breaks for each paycheck: talk to your state's board of labor. The coercion involved is itself illegal. You are able to make an anonymous complaint, I believe. If that doesn't do it for you, call OSHA.

    Any of us working in a facility that automatically deducts for the lunch break, without a system for the employee to easily report when they did not take said break, which results in them being paid for it, is at risk for being sued for unpaid overtime. I have worked in two such facilities. Telling the powers that be, that a log needs to be kept for such things, does not accomplish anything. The board of labor telling the powers that be, that they will be paying you back pay for overtime, certainly gets their attention.

    I've never seen anybody bold enough to hold my check in exchange for my signature stating that I got my breaks. That is a special case and needs to be broken, hard, by some means, so that others don't get the idea that it's a good way to go. But then, maybe it won't be too popular due to direct deposit being so common.
    nursbrooklyn, SandraCVRN, Batman25, and 1 other like this.
  6. 2
    Everyone needs to band together on this. Take your lunch break or clock out no lunch. Every single shift. And make sure your lunch is long enough. And if you're "on call" during your lunch, that's not, by federal law, considered a lunch and should not be taken out of your check.

    We are not machines. We cannot work for 12 plus hours without a break. If we can't take care of our own needs, how can we take care of our patients needs? If we can't advocate for ourselves, how can we advocate for our patients?

    For those who argue about right to work states, and how we can be fired if they don't like our shoelaces, I'm here to tell you I've been doing this almost 2 decades and I've only seen people fired for three reasons 1)excessive absenteeism 2)drug use or 3)gross, major incompetence. You will not be fired for taking a legally mandated break - that's a ploy they use to keep you in line. If they were to fire you for something like that they'd get sued so fast their heads would spin and they know it.
    nursbrooklyn and SandraCVRN like this.
  7. 5
    When will all of you who allow your employer to put your livlihood at risk by working off the clock (Which is what you are doing if you clock out for lunch or are mandatorally clocked out by your employer ) , wake up and realise that you are :-

    1) Not covered by the hospitals liability Insurance if an incident occurs while you are caring for your patient while you are off the clock .

    2) Not covered by workers comp . if you injure yourself whilst working off the clock .

    3) Ironically risk being terminated , because you falsified your time card by working while you are off the clock ( I know of this actually happening to a nurse at my facility )

    So it is not just a matter of compensation or simply getting a break , you risk loosing your livlihood by not ensuring you get breaks that comply with the law .
    Kooky Korky, SandraCVRN, Batman25, and 2 others like this.
  8. 2
    I left management so that I could get PAID for the hours that I actually work. We have this new nursing director and she is having us attend these charge nurse educational meetings to "train" us. I am a bit insulted by this, having been a director of nursing 3 times in the past myself but whatever. I live in Washington state and most nurses are union here. So she tells us at this meeting that we should expect that we will be doing some work "off the clock" as "professionals" we should not expect to get paid for every single thing that we do. Well, this may be a blue collar attitude but that is BS. I did my time not being paid for what I did and those days are OVER. I am sending her a copy of the union contract with a little note reminding her that she cannot work us without paying us least she end up in court herself.
    Phlavyah and nicurn001 like this.
  9. 1
    Quote from diane227
    I left management so that I could get PAID for the hours that I actually work. We have this new nursing director and she is having us attend these charge nurse educational meetings to "train" us. I am a bit insulted by this, having been a director of nursing 3 times in the past myself but whatever. I live in Washington state and most nurses are union here. So she tells us at this meeting that we should expect that we will be doing some work "off the clock" as "professionals" we should not expect to get paid for every single thing that we do. Well, this may be a blue collar attitude but that is BS. I did my time not being paid for what I did and those days are OVER. I am sending her a copy of the union contract with a little note reminding her that she cannot work us without paying us least she end up in court herself.
    Please let us know if you do this and what the response is. Thanks.
    Phlavyah likes this.


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