Is this fair??

Whispera, MSN, RN · Jul 13, 2011

They're obligated to give you breaks and if you don't get paid for lunch time, that's not good. You are obligated to figure out how and when to take the breaks though. Could you, with the other CNAs, work out something so you cover for each other and take turns getting breaks? That's what I always did when I worked with other staff people. Maybe you need to bring it up in a staff meeting too, to get everyone on board with it.

Flo., BSN, RN · Jul 13, 2011

If you don't take a break, they have to pay you. Otherwise they are setting themselves up for a big lawsuit and fines from the govt.

KentechRN · Jul 13, 2011

It's most likely also illegal if you are not getting paid for work done or not getting breaks that are probably mandated by labor laws.

kessadawn, BSN, RN · Jul 13, 2011

If they refuse to pay you for untaken lunch breaks (which is illegal, BTW) then take your breaks. All of you, just not all at once. I understand that your unit is super busy. Figure out the times that the patients have the least needs, and go to lunch 2 at a time. And you need to report those unpaid lunches, they owe you all some money!

EmergencyNrse · Jul 13, 2011

Straight from the US Department of Labor's website:

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

http://www.dol.gov/

Julie19, CNA · Jul 13, 2011

My employer is the same exact way. I also work 12 hour shifts so they automatically take an hour out. I've been working there for 6 months now and I've gotten an hour break maybe.. twice. And that was broken up into 10's and 15's.

Trekfan · Jul 14, 2011

ok my job always tells us that BY LAW we have to clock out for lunch and no working on lunch ether . Now I never get time to take both my brakes .

reeveslpn · Jul 14, 2011

Take your break!!!! If your not going to take it they must pay you for it. Where I work they make the CNA's take their break, they must clock out and sign out. The DON tells them at that time they must not be on the floor.

DLS_PMHNP, MSN, RN, NP · Jul 14, 2011

Make sure you take your allotted break. You are responsible for making sure it happens.

Yes, it sucks, otherwise though you are donating that 30 min to your facility.

If you can't take your break on a regular basis, you need to speak to mgmt about staffing levels.

SharonH, RN · Jul 14, 2011

I have been working at a rehab facility for about 5 months. There are about 4 or 5 cnas covering our floor, about 12 to 15 patients per cna, so i think that this unit is very busy. I make 9.25 on the weekdays and 11.50 on the weekends, they take out a 30 minute lunch break from our paychecks, and we never get to take breaks, which is very upsetting, because they know how busy we are on a day to day basis. I feel that they should give us all an assigned break time like any other employer should. I dont feel that its fair that they take our money, but dont let us get a break. I am very overstressed, and have started looking for employment elsewhere. Is anybody else experiencing this problem or is it just my facility???

So every two weeks, your facility steals between 45 and 50 dollars from you? Over the course of a year, they will have stolen approximately $1300 from you! You will either take your break or get compensated for your time. If they refuse to honor your break or give the money owed to you, call the DOL. This should be non-negotiable.

Zookeeper3 · Jul 14, 2011

Honestly, every single nurse out there can justify NEVER taking a break. You simply delegate your assignment for 30 minutes and GET AWAY, not bring any phone and eat! You are entitled by law, that's your backing, but your problem is with the CULTURE where you work where people don't know better and suffer.

You can't care for people hungry and exhausted. It's not fair to you or them. It seems where you work, you may have to be that first person that sets new precidince and takes one. EVERYONE, including the patients will see the benefit of this!

I know it's so easy for me to say in a different culture, but unless you quit! The culture of no breaks will not change. We are NOT martyrs, we are human beings that need fuel in the form of food and a break to re-set to function.

Address you DON, and let them know your new plan, or quietly let your team know the plan and do it and don't ever interrupt anyone short of a code. You can make a difference here, you're asking for permission, it's granted.

You can't meet others basic needs if your own are unmet!