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...
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.
This does not happen in Texas. I have never had 10 minute breaks at any jobs where I have worked. You get your lunch break and that is it!
Anybody know how we can get these laws in Texas?
That is why Texas nurses are unionzing with the National Nurses United (NNOC)- an offshot of the California Nurses Association- because too many nurses put up with deplorable working conditions, low pay, and are walked all over. Nurses need to take classes in a Paralegal program in Employment Law, Administrative Law, and learn what their rights are in the workplace, and how to fight for your rights.
That is why Texas nurses are unionzing with the National Nurses United (NNOC)- an offshot of the California Nurses Association- because too many nurses put up with deplorable working conditions, low pay, and are walked all over. Nurses need to take classes in a Paralegal program in Employment Law, Administrative Law, and learn what their rights are in the workplace, and how to fight for your rights.
JMHO and my NY $0.02.
Lindarn, RN, BSN, CCRN
Somewhere in the PACNW
You can unionize all you want, Texas law does not offer any protections to union vs non-union employees. If the nurses involved make enough of a stink, in the current surplus of employees they will be fired and replaced.
I'm not arguing on behalf of the hospitals (the abuse of labor needs to stop), just pointing out that unionizing in Texas will solve precious little.
You can unionize all you want, Texas law does not offer any protections to union vs non-union employees. If the nurses involved make enough of a stink, in the current surplus of employees they will be fired and replaced.
I'm not arguing on behalf of the hospitals (the abuse of labor needs to stop), just pointing out that unionizing in Texas will solve precious little.
I've said this in another thread, and I'll say it again; it's no wonder Texas only gets one star....
Specializes in Med./Surg., Diabetes, Med. ICU, home hea.
My wife got a couple of thousand dollars or so from working in the ER a couple of years ago; she quit and moved on before they figured out how to solve the problem.
In my last job, all the attention these cases caused did nothing but give me grief. You BET I hate the fact that ANY employee is being taken advantage of when it comes to breaks, pay, etc. We were told we MUST take our breaks, would be in trouble if we didn't clock out and kept working, would be in trouble if we clocked out and kept working. When the MD's began to complain their orders weren't being carried out quickly enough, discharges & admissions not happening quickly enough, we were then given the same old tired "you're not managing your time efficiently." It was a no-win situation. I solved it by clocking out and kept working; one of my partners clocked out, at a brief lunch taking care to be seen by the D.O.N. then kept working off the clock; another partner just took the damn lunch and we fell further behind in our work and further admonished for our apparent lack of "time management."
In a small floor/facility/unit, nothing really got solved but even more stress created.
Specializes in Critical care, tele, Medical-Surgical.
you can unionize all you want, texas law does not offer any protections to union vs non-union employees. if the nurses involved make enough of a stink, in the current surplus of employees they will be fired and replaced.
i'm not arguing on behalf of the hospitals (the abuse of labor needs to stop), just pointing out that unionizing in texas will solve precious little.
the national labor relations act applies in texas too:
a basic principle in disciplinary cases is that management must have "just cause" to impose the discipline. arbitrators' decisions over the years resulted in a kind of measuring stick -- known as the "seven tests of just cause' -- that can be applied to discipline cases. the just cause standard is contained in the following seven questions:
was the employee adequately warned of the probable consequences of the employee's conduct?
was the employer's rule or order reasonably related to the efficient and safe operation of the job function
did management investigate before administering the discipline?
was management's investigation fair and objective?
did the investigation produce substantial evidence or proof that the employee was guilty of the offense?
has the employer applied its rules, orders and penalties evenly and without discrimination?
was the amount of discipline reasonably related to the seriousness of the offense and the employee's past service and record?
if the answer to one or more of these questions is "no," the union can argue that management did not have just cause to take the disciplinary action.
An hour is automatically deducted from every day I work. We are supposed to take an hour lunch, but nobody relieves us. Two out of three days I get no lunch, no break, and no pay. Nurses have to submit a form, signed by the immediate supervisor explaining why you didn't take your lunch if you want paid. Management knows what is going on, but plays dumb. I don't like it, but I also know there will be repurcussions if I complain.
It's rather ridiculous to expect nurses to take lunch breaks and provide no cover.
Imagine if a reception desk were unmanned for 30 minutes or an hour and then management complained the receptionist didn't manage her time properly and the phone went unanswered.
I was ten minutes into a thirty minute break once where I was called back on my personal cell phone because a patient was being discharged. The charge nurse had access to all the discharge paperwork and drugs, it's just she didn't know how to do it.
We have to fight for this because the reality is real breaks and lunch would require at least an extra nurse to safely staff it and make it so that you wouldn't just get out 1 hour later and get written up for overtime
How many times does this have to be said , to those who work while clocked out . You are not covered by the hospitals Liability Insurance during these times , you are not covered by workers comp at these times , incorrect time card recording is a terminable event ( upon the first occurence )etc..So wake up and realise your employer is stealing from you and those who pay for your services by having you work while you are off the clock .
Yes I know you are putting your job at risk by demanding breaks , but you are risking your livlihood by allowing your employer to coerce you into not recieving the breaks you are entitled to .
How many times does this have to be said , to those who work while clocked out . You are not covered by the hospitals liability insurance during these times , you are not covered by workers comp at these times , incorrect time card recording is a terminable event ( upon the first occurence )etc..So wake up and realise your employer is stealing from you and those who pay for your services by having you work while you are off the clock .
Yes I know you are putting your job at risk by demanding breaks , but you are risking your livlihood by allowing your employer to coerce you into not recieving the breaks you are entitled to .
Furthermore, you and your facility are breaking federal labor laws. It's got nothing to do with having a union or not. It's one of the few laws on the books outside of discrimination laws that favors labor. If you're non-exempt, the employer cannot force you to work without pay. Walmart was held liable for millions in back pay for making workers clock out and then continue working.
It's rather ridiculous to expect nurses to take lunch breaks and provide no cover.
Imagine if a reception desk were unmanned for 30 minutes or an hour and then management complained the receptionist didn't manage her time properly and the phone went unanswered.
I was ten minutes into a thirty minute break once where I was called back on my personal cell phone because a patient was being discharged. The charge nurse had access to all the discharge paperwork and drugs, it's just she didn't know how to do it.
If they were not paying you for your lunch, then you didn't have to answer that phone.
caramelcomet
15 Posts
This does not happen in Texas. I have never had 10 minute breaks at any jobs where I have worked. You get your lunch break and that is it!
Anybody know how we can get these laws in Texas?