Either Give Me A Lunch Break Or Pay Me!!

Nurses General Nursing

Published

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?

-----------------------------------------------------------------------

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)

they are double-talking their way around the law. it is the law everywhere that you be paid for every second that you work. they are not required to provide a break (in some states) - but they are required to pay you if you don't get one. that is what we are trying to get across to you... they are not allowed to deny you a 30-minute break, but still take money out of your paycheck as if you were getting one. "making up for it in slow times" is not a 30-minute uninterrupted break, which is what you are being charged for by having it deducted from your pay. i'm not a lawyer, so i can't give you legal advice, but your state's labor board would be able to help you. if your employer really was not cheating you, they would tell you as much and nothing would come of it, but i'm pretty sure that would not be the case.

Up Vote Up Vote ×
Specializes in Family Practice, Mental Health.
-----------------------------------------------------------------------

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.

i am not an attorney.....but i really encourage you to consult an attorney regarding this. it is in your employers best interest to stick to their guns regarding their interpretation of tennessee law in regards to your meal break compensation. you have legal recourse against them (see tennessee whistleblower law) if they try to bring action against you from having your attorney check in to the matter.

Up Vote Up Vote ×
Specializes in psych. rehab nursing, float pool.

Call your supervisor at the beginning of each and every shift you work and request what time they will be available to cover your lunch break.

I suspect it might help cure future problems.

Up Vote Up Vote ×

Call the state and report them. What they are doing is illegal. They know it and are banking on all of you not calling them on it and taking action. Unfortunately this happens all too often. The state can rectify this rather simply and quickly. It's been done time and again.

Up Vote Up Vote ×

10 years, this complaint is way over due. During your 30 min unpaid lunch break you should be able to leave the facility, twiddle your thumbs, read, eat, walk, stretch. This is way illegal. I would document everything starting from today, call the labor board and if you get let go then you should get a lawyer and file a complaint that you were let go because of reporting them to the labor board. What the hospital is doing is also considered fraud, they are saying you got relieved of all your duties for 30 minutes and you didn't.

Up Vote Up Vote ×
Specializes in Operating Room.

I'm assuming you don't have a union. They tried doing this to me..according to our contract, we are to have an uninterrupted meal break. Those 30 minutes belong to us, we can leave the floor, leave the hospital etc. I continually was getting bothered at dinner(I do charge) so I took to punching out "no meal break" every single time it happened. I was very vocal about it too.

Long story short, they stopped bugging me about stupid things. Now, if you don't have a union, you can call other groups ie Board of Labor, etc. Good luck!

Up Vote Up Vote ×

That's not right. Your entitled to a break to get away from the unit to do whatever you want ... its none of their business! If you don't get a break then your entitled to that money.

Up Vote Up Vote ×

10 years of 30 minute breaks @ $20/hr = $25,000.00

Up Vote Up Vote ×
Specializes in Family Practice, Mental Health.

In California, if we don't get a FULL 30 minute lunch break, the employer gets penalized for a full hour.

Up Vote Up Vote ×
Specializes in Psych , Peds ,Nicu.
10 years of 30 minute breaks @ $20/hr = $25000.00[/quote']

Whilst the above quote shows you readily how much you are losing ,in pay ( though the hourly rate appears a bit low,for somebody with that lenght of experience ).

I am still more concerned about the amount you could lose due to lack of insurance coverage .For example if a patient falls , while you are at the bedside , but clocked out on lunch break , would your employers Liability Insurance cover you ? ( my understanding ,is no it would not) , If you were to break the patients fall , but injure yourself , would workmans comp cover you ? ( No it would not , because you were not on the clock ) , so in either case you could be liable to cover horrendous medical fees .

To add insult to injury , your employer ( if you did not hand off your patient to somebody who could take over your care of the patient ) could add abandonment of patient ,to your woes ,so not only are you at risk of financial liability , but your Registration is at risk also .

Why should anybody put their family at so much risk , just to facilitate their employer breaking the law ?

Up Vote Up Vote ×

I WORK 7P-8A AND ONLY GET PAID FOR 11.5 HOURS. IT ANGERS THE LIVING DAY LIGHTS OUT OF ME. AND I HAVE TO WORK THE FOURTH DAY ONCE A MONTH. BASTARDS TREAT NURSES LIKE GARBAGE!!!

:banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead:

Up Vote Up Vote ×
Specializes in L&D.
I WORK 7P-8A AND ONLY GET PAID FOR 11.5 HOURS. IT ANGERS THE LIVING DAY LIGHTS OUT OF ME. AND I HAVE TO WORK THE FOURTH DAY ONCE A MONTH. BASTARDS TREAT NURSES LIKE GARBAGE!!!

:banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead::banghead:

How does that happen!!!

Up Vote Up Vote ×
+ Add a Comment