I have been working in the ER world now since 2009. Typically we don't get lunch breaks, which i'm use too. I almost always eat in between patients. I know quite often the nurses miss breaks too.
So my question is have y'all ever come across anyone who has sued heir employer for consistently not getting a break during their 12 hour shift, and if so what was the outcome?
I'm not thinking about or interested in pursuing a lawsuit but I am curious to hear if others have done the opposite.
The problem is many nurses do not want to rock the boat and fear discipline if they incur overtime.
Also, a lawsuit *could* be more likely to scare an institution into changing the work environment and staffing appropriately so that nurses can actually take breaks, as opposed to just paying everyone overtime for not getting a break all the time.
At one of my old facilities, there was a class action lawsuit for roughly the same reason. I believe it was settled out of court. All the nurses at this facility were paid a sum based on years worked there (and maybe FTE) on account of missed breaks. I almost never missed a lunch while working there and believed that the facility was very good at staffing appropriately, however, so not sure why they believed it was best to settle in the manner they did. Also, we had to undergo training on the policy of submitting no lunch break to payroll.
I have not seen any law suits regarding no lunch break. One of the employer's i worked for always made it appear that it was the nurses fault for lack or organization or inefficiency with time management. This employer changed the "clock in" practice so that nurses would "clock in and clock out" for lunch and they would be covered. This did not work because many of the employees would forget and it became in incoveniece for management to go back in the "system" and correct time cards. Consequently, they changed the "clock in" practice. At the end of the shift, a pop up question appeared on the clock and the nurse was asked IF they had a lunch break, YES or NO. Most chose Yes, to avoid the explanation and discourse that would proceed afterwards.
It just feels like most times employers win and it would be difficult to engage in a lawsuit in most states where employment is considered "at will" and the empolyer can let you go quiet easily. It used to be that nurses worked for hospitals, but in today's market of acquisitions many of us work for a health care corporation. I don't see how one individual can successfully challenge a broken system. In some states, once you are fired from one place, it's almost impossible to find employment because the corporation owns or manages the majority of hospitals in the state. I have not worked in a union hospital so I have no idea if unions make a difference.
Before my employer changed ownership I worked for a large company. There was a class action suit against that company for unpaid overtime, making employees work off the clock and not providing breaks. I received a letter while still employed for that company asking me to join the lawsuit.
I tossed the letter in the garbage. Not only was I pretty sure my employment would not last long if I was suing my employer, as far as my experience was there was no merit to the suit. Working off the clock was strictly prohibited and grounds for termination and several nurses including myself were talked to more than once about skipping lunches. Nobody was ever written up for not taking their lunches, but it was strongly encouraged that we do so.
Since it is such a large company [400+ facilities] I can't say that all the facilities were equally adamant about following corporate policy, but I do know that particular class action suit was eventually dropped.
I've never seen a law suit but I have worked at facilities that routinely took our breaks due to short staffing or trauma cases. I personally feel this is an example of how nurses allow ourselves to be take advantage of. Anytime you are forced to give up an uninterrupted break you should claim no break and demand to either be paid or receive time back.
In my experience soon as a significant number of nurses start doing this management will correct the issue.
Specializes in Psychiatry, Community, Nurse Manager, hospice.
We are entitled to a 30 minute lunch break unpaid, and 2 15 minute paid breaks, but the paid breaks are "not guaranteed." Three letters for both of these. L.O.L. Doesn't happen. No blue scrubs sitting in the cafeteria, ever.
I have heard of employees clocking-in "no lunch" on the days they don't get lunch so they get fairly paid for the times worked. It seems simpler and more effective than a lawsuit.
It does ...but there is enormous pressure at some facilities to "take lunch" whether you actually have the time to take it, or not. People end up clocking out and working to stay in compliance with unrealistic policies. I suppose they could clock out and actually go eat ...but then they'd be held responsible for everything that wasn't taken care of while they were gone or everything they didn't have time to complete during the shift. It's a "damned if you do and damned if you don't" type of situation. Asking another nurse to cover who's just as behind as you are doesn't work, either.
I hate being "forced" to take a break. I can't leave until my charting is complete. I'm getting paid either way. I'd rather chart and go home on time rather than take a break and have to come home after my children are in bed.
We have the same system of when we clock out we're asked did we take a 30 minute uninterrupted lunch break. My typical policy is to say yes if I did or if I didn't but had the opportunity to and didn't for whatever reason by my own choice and no if I didn't because I legitimately couldn't for reasons outside of my control. Luckily our management does not punish us when we answer honestly because our numbers for those shifts will generally reflect that we couldn't realistically take a lunch, even if staffing was appropriate because EMS was hammering us or we had 2 CPR in progresses come in at the same time, etc.
I will admit I do miss working on a unit that would give us 45 minute lunches because "since we can't really do 15 minute breaks we just put it in with your lunch" and on busy days "sorry, we may have to cut your lunch down to 35 or 40 minutes cause it's a crazy day ya know" Those were the days man
Not personally but a previous employer ended up in a class action suit that I benefited from. They had to pay us all back pay for lunches we did not get over a 3 year period.
I don't know about suing for no lunch breaks, but I have heard of suing for the pay when the staff neither got the break nor paid for it.
I would absolutely sue if my employer refused to compensate for my work! I do not work for free! For a 12-hr 0.9 FTE, lunch breaks add up to 78 hours over the course of a year. Do YOU want to provide 78 hours of free labor?? For a full time 8 hr shifter, the total is 130 hours (Half an hour times five days per week times 52 weeks.) Nope. That doesn't work for me and shouldn't work for any professional.
Another facet of my refusal to work for free: while on the floor and on the clock, we have to remain alert at all times -- and intervene as necessary. During that time we can be asssulted. We can be yelled at by jerk pts/families. During that time we can be injured by heavy lifting. We can get a needle stick or contract a droplet or airborne or fecal-oral infection (remember the fairly recent ebola outbreak?? Nurses got a viral hemorrhagic fever!!) Unless we are in a volunteer role e.g. MSF, heck no we shouldn't donate our time.
Breaks during a shift, such as a ten minute break, and lunch breaks are not only federal law but they are governed by OSHA.
If you do not receive your brakes you are entitled to report this to your States labor board. For example in the state of California with a private sector employer, a nurse who misses a ten minute break or a half hour lunch is entitled to one hour of regular pay for each day those are missed. If it continues to be a problem, that employer can actually be sanctioned by the labor board.
I have filed for myself and for my nurses on several instances. Each time, the labor board has cited the labor law and the employer has been made to make myself and my nurses whole. At one institution, it was such a prevalent problem they were also fined.
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LibraSunCNM, BSN, MSN, CNM
1,656 Posts
Also, a lawsuit *could* be more likely to scare an institution into changing the work environment and staffing appropriately so that nurses can actually take breaks, as opposed to just paying everyone overtime for not getting a break all the time.