Either Give Me A Lunch Break Or Pay Me!!

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Specializes in L&D.

For the last 10 yrs my employer has deducted 30 minutes from my pay every day that I have worked for "lunch". I work in a small hospital, so at any given night it is just myself and the nursery nurse working, who can't leave the nursery.

I can NEVER leave my floor for lunch..EVER. And forget any breaks! The supervisor doesn't know L&D, so he/she can't relieve me, but they deduct my pay anyway. I am either tending to patients or answering the phone, or doing something.

My problem is...if I don't get an uninterrupted lunch time (if I get any) they shouldn't deduct that 30 minutes. Over the course of 10 yrs. this adds up to a substantial amount of money!!

Their answer is..."you make up for it in the slow times". This makes me so angry! I'm thinking there must be a law against this practice. Anyone with the same problem?

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It's illegal. Get a lawyer. A good one.

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Specializes in ED, Flight.

That is definately a raw deal, and WRONG.

We, for instance, have a 'no lunch' option. We used to punch it ourselves when we clock out. Now, they've made it just a little harder by requiring the Charge's corroboration. (Then they give the Charge hell for costing them money...)

I agree you should speak with a labor lawyer. Several of you should do so, though management will then feel threatened by your 'conspiracy'.

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Specializes in Hospice.

Absolutely find a labor lawyer. WalMart just had to pay a huge settlement for forcing workers to work off the clock. You might point out to management that by forcing unpaid work, they are violating federal law.

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I wish someone would give me just 1 % of the money that nurses have been cheated out of over the years like this. It would be better than hitting the powerball.

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Specializes in Critical Care, Education.

You actually don't need an attorney to file a complaint related to the Fair Labor Standards Act. Just Google it for your area and you will discover how easy it is.

Federal labor law is very clear. You must be paid for the time you work. If you have to 'work' during your lunch break - even if it is just answering the phone or keeping an eye on a monitor for another nurse - you did not have a break and should be paid for it. Also - if an investigation of your complaint reveals that this was a regular practice, you could be reimbursed for the entire 10 years of unpaid work. Nice chunk of change.

My organization has pretty much abandoned the practice of automatic meal break deductions - we ask staff to clock in and out instead. It's more of a hassle, but keeps everyone honest.

Just one more thought... I would not advise you to team up with anyone else as a group. This could be construed as attempting to lead a 'labor action' and result in very negative splashback for you. Instead, you need to limit your actions to pursuing your own interests.

Good luck!

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Specializes in L&D.

I have brought this concern to all of my managers (past and present), and nursing administration several times. One of the Director of Nurses asked me, "just what would you do for 30 minutes off the floor?" Of course I told her "what difference does that make?" She blew it off, as did everyone else. I've looked at our policies, and they clearly say we are to have this time. Working 12 hour shifts with no down time to eat/rest/recoop..etc, sucks. If I bring it up I am labeled as a threat or a trouble maker and will soon find my way out of a job for whatever reason. It's very frustrating.

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Specializes in Community, OB, Nursery.

You really need the 30 min, and it is indeed mandated. If they don't want you to take the break, they should be paying you for it. If they ask you again what you'd do with the 30 min, you could tell them you'd do the same thing(s) they do. Eat. Chill. Take your mind off work for half an hour.

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Specializes in school nursing, ortho, trauma.

Get on the phone with your state's department of labor now! What they are doing is highly illegal. Them saying you make it up when it is slow doesn't cut it. I am sure that the powers that be in your hospital all take their lunch breaks.

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The supervisor doesn't know L&D, so he/she can't relieve me,

..then they can learn enough to relieve you AND the person in nursery. I would advise going to your HR first, then continue from there. All excellent advise given.

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Just for the record, this is how it is at my hospital, too. We work 12 1/2 hours, sometimes more depending, and get 30 minutes deducted for lunch no matter what. We duck in and out of the break room, sometimes taking one bite at a time. Yes, we sometimes have downtime in the late afternoon, but I agree that that does not really qualify as a break, because you are still there to take calls, etc as needed.

It's grueling to work that long with no light of day. But at the moment, I feel lucky to have a job, and I'm not really a fight-the-system type.

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Just for the record, this is how it is at my hospital, too. We work 12 1/2 hours, sometimes more depending, and get 30 minutes deducted for lunch no matter what. We duck in and out of the break room, sometimes taking one bite at a time. Yes, we sometimes have downtime in the late afternoon, but I agree that that does not really qualify as a break, because you are still there to take calls, etc as needed.

It's grueling to work that long with no light of day. But at the moment, I feel lucky to have a job, and I'm not really a fight-the-system type.

Just a thought...conditions like this continue because employees allow it. A complaint to the Labor Board would get your facility in a heap of trouble (because they are BREAKING THE LAW) and would likely result in penalties, fines, and a requirement to issue back-pay to all employees for whatever time frame is deemed appropriate following the Labor Board investigation. I have seen this happen at other hospitals and believe me - they made sure people got their breaks (or were paid for their time) after the Labor Board got through with them

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