Multiple Class Actions Against Hospitals for Missed Breaks

[NRSKarenRN, BSN, RN]

from littler mendelson pc blog:

nurses union files class actions against hospitals for missed breaks

posted by [color=#983222]littler mendelson on november 02, 2010

the washington nurses association has filed class actions against four hospitals in washington state, evergreen

hospital medical center, good samaritan hospital, providence holy family hospital, and tacoma general hospital, alleging that the hospitals failed to provide nurses with the meal and rest breaks required by state law and, in some cases, collective bargaining agreements. the lawsuits seek back pay and other damages on behalf of well over 1000 nurses. washington law provides that employees generally must receive at least two paid ten-minute breaks and one thirty-minute meal break during the course of an eight-hour day.

under state law, an employee need not be paid for a meal break if the employee is completely relieved of duty for 30 uninterrupted minutes. in addition, some hospitals have entered into collective bargaining agreements with the washington nurses association, representing over 15,000 registered nurses, which provide for longer rest breaks or require that employees receive pay for meal breaks.

in the lawsuits, the union alleges that registered nurses regularly worked through their legally required meal and/or rest breaks and were not compensated for the missed rest breaks, or were not compensated for the time worked during meal periods. the complaints further assert that time worked during breaks, when added to the nurses' regular working time, often resulted in nurses working more than 40 hours in a given workweek, and that the nurses were not compensated for this alleged overtime. the lawsuit seeks back wages, including unpaid overtime, for time worked during meal and rest periods within the past three years...

automatic meal-break deduction class actions against hospitals continue to snowball

posted by [color=#983222]littler mendelson on august 09, 2010

what started as a flurry of class actions against hospitals by a single law firm in the northeast has now snowballed, with new cases being filed continuously by different firms across the country. in just the last month or so, four such class actions were filed against hospital systems in tennessee, illinois, and florida. each of the cases allege that the hospital systems violated the fair labor standards act (flsa) by automatically deducting a 30-minute meal break from employees' pay although the employees regularly work during the unpaid meal period.

took me 2 hrs to do payroll christmas eve to make sure that everyone who worked through lunch had automatic deduction removed from pay and fmla recorded along with all the holiday time recorded....just to prevent from being involved in such a suit.

[Shanimal]

I hope they get every penny.

[tachybradyRN]

i agree. i sincerely hope they get every penny they are owed.

as a side note, i've worked through many of my breaks and when i ask for compensation it's often an uphill battle. they are not alone.

[OC_An Khe]

This wouldn't be a problem if employers would just plan for it. There are many ways employers can do this that is good for patient care and cost effective.

[GHGoonette, BSN, RN]

Hopefully they win enough to convince employers that saving money by wringing blood out their employees is penny wise and pound foolish....

[ocean waves]

Hello. In principle, I agree that nurses most certainly should have breaks and meal times as an employee right! In practice, however, I agree with the writer who said that getting breaks in hospital work is often an "uphill battle". One of the best staffing plans I experienced was when my hospital actually hired nurses to serve in a "float pool" to relieve nurses for their meal breaks---however, even that plan was a challenge because the relief nurse might arrive when you were in the middle of doing involved care and could not wait because he or she had to relieve other nurses---so then the relief nurse might not be able to come back to relieve you for a couple of hours! No easy answers! Best wishes!

[BCRNA]

The hospitals I have worked at would automatically deductt lunch from paid hours, but they knew that nurses didn't regularly get there whole lunch. Sometimes lunch has to be cut short for patient care, hospitals should not automatically deduct lunch time if they know many don't actually get this. Our administrators tell us that breaks aren't just a given, patient care demands can alter it. If there isn't staff to cover you while your gone, you can't go, or you have to eat quickly while listening out for calls.

I agree completely that sometimes lunch and breaks need to be cut short for patient care, hospitals should not depend on it to save money though. There should be a system in place to assure that paid hours is correct. Short staffing, undercutting actual worked hours, and no breaks is a major reason for new nurses leaving as soon as they start.

[tntrn, ASN, RN]

Our hospital, in Washington, but not a part of the Washington Nurses group, settled last year over the same issue. There is not a procedure for marking down any breaks or lunches you do not get and we now get paid for them. We still don't always get breaks, but there is much more of an effort to try and make it happen, and no sass if we don't.

[lindarn]

Spokane, Washington nurses need to file class action suits against the hospitals here for wage fixing. From one hospital to the other (and there aren't many here), the pay and benefits are identical- **** poor! And one agency follows suit with some if the lowest pay you have ever seen- Maxim!

JMHO and my NY $0.02.

Lindarn, RN, BSN, CCRN

[tntrn, ASN, RN]

Our hospital, in Washington, but not a part of the Washington Nurses group, settled last year over the same issue. There is not a procedure for marking down any breaks or lunches you do not get and we now get paid for them. We still don't always get breaks, but there is much more of an effort to try and make it happen, and no sass if we don't.

I meant to say "there is NOW a procedure for ........"

[SummitRN, BSN, RN]

I hope they win and that HR departments take notice across the nation.

[gonzo1, ASN, RN]

I have worked through so many breaks it is not funny. I've always just considered it the price I pay to stay employed. Wish it wasn't like that though.