Either Give Me A Lunch Break Or Pay Me!!

Flare, ASN, BSN · Dec 11, 2008

We have to be sure to differentiate between a break not given due to administrative decisions or a break not taken due to patient load / abnormally busy day or lack of time management.

I have worked with nurses that could get their break in no matter what was thrown at them and still manage everything as smooth as glass and nurses that never managed their time well enough for a break whether they had 4 patients or 16.

This sounds more like a case of the former where there is just noone who could relieve you and watch your patients while you take a lunch break and management not doing anything ho help the situation.

Batman24 · Dec 11, 2008

Report them to the state TODAY. It's illegal. State will investigate and there have been reports on these forums that the hospital has had to cut them a check.

In the future pls don't let something like this go for so long. Don't let anyone cheat you ouyt of lunch or the pay. So many places do it and it's against the law. I hope all of you take action ASAP.

Batman24 · Dec 11, 2008

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.

You should be fighting mad. What they are doing is illegal. You are performing free services every day that you don't take a break or get paid. They are totally breaking the law and completely disrespecting you as well. A call to the state could end this in a jiffy.

And if you think the CEO, etc. of your hospital would put up with this they wouldn't. They'd be at the head of the line complaining if this happened to them. Please stand up for yourself.

Pediatric4077 · Dec 11, 2008

Check with your state labor laws. Lunch isn't a right, you don't have to get it. It's up to your state to determine. In PA they do not have to pay you for lunch, nor even give you a lunch or a break, no matter how long you work. If your facility has a policy for lunch and breaks you have point, but otherwise, it is what it is.

I don't know where the idea came around about mandated breaks and what not.. It's up to the state you live it. You might be very surprised when you take a look..

Medic09, BSN, RN, EMT-P · Dec 11, 2008

Okay, I didn't take time to read through, but I expect the relevant info would be in here: http://www.laborlawtalk.com/archive/index.php/f-91.html

This all makes some us grateful to the unions that negotiated reasonable work conditions in our settings.

Medic09, BSN, RN, EMT-P · Dec 11, 2008

Okay, I just found this: http://www.laborlawtalk.com/archive/index.php/t-80940.html

Now you have to find out if this is waived for health care facilities or the like. I worked in an area where some labor requirements like this were waived for EMS, for instance.

APRN., DNP, RN, APRN, NP · Dec 11, 2008

http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

Under the Tennessee "WHISTLE BLOWER'S LAW", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 50-1-304.

You have a case.

Hie thee to a lawyer post haste.

txredheadnurse, BSN, RN · Dec 11, 2008

While it is true that many states do not mandate a break for employees and even ones that do can make exceptions for certain situations the issue is time is being deducted as if this nurse is taking a break even though she is not being relieved so she can have 30 minutes off the floor or in a break area without interruptions.

If she can't take that break time and is indeed working during that time then she should be paid for the actual amount of time she worked. I think we should focus on that point and not digress into whether or not breaks are mandated or poor time management on the nurses part.

Just my :twocents:

nicurn001 · Dec 11, 2008

Another thought to add to this thread .

How do you know what time period management has designated on your time record , as your lunch break ?.This is important to know because if you injure yourself or something happens to your patient during your " Break ",you will not be covered by workmans comp ,or the hospital Liability Insurance as you were off the clock .

So you are not just losing the break but you are opening yourself and family to bankrupcy , due to lack of insurance coverage , if a problem occurs whilst you are having your none existent ,but recorded break !

Medic09, BSN, RN, EMT-P · Dec 11, 2008

While it is true that many states do not mandate a break for employees and even ones that do can make exceptions for certain situations the issue is time is being deducted as if this nurse is taking a break even though she is not being relieved so she can have 30 minutes off the floor or in a break area without interruptions.
If she can't take that break time and is indeed working during that time then she should be paid for the actual amount of time she worked. I think we should focus on that point and not digress into whether or not breaks are mandated or poor time management on the nurses part.
Just my

The Redhead has a point!

cradlecrewer · Dec 11, 2008

http://www.state.tn.us/labor-wfd/lsques.html#laborlaws
under the tennessee "whistle blower's law", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. this law may be found at tennessee revised statutes title 50-1-304.
you have a case.
hie thee to a lawyer post haste.

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this is where they "got me"

where it says "except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break". that's where the "you make up for it during slow times" comes in.

i don't think i can win this one. it's been a topic of my frustration for a very long time.

isn't my employer required to provide breaks and a meal period?

state law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. the failure to give a (30) minute meal or rest period is a violation of state law only. there are no state or federal requirements for additional breaks. the federal law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks. title 50-2-103 (h)

iwanna · Dec 11, 2008

I remember at the place I worked, that we filled out a form when we missed our break due to being so busy. It had to be signed by the charge nurse justifying not taking break. Finding relief from another unit was encouraged, but many times that was not an option. But, we did end up getting paid for missed breaks.:)