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NYC Hospitals Named In Lawsuit Regarding UnPaid Overtime

mamamerlee, LPN

Specializes in home health, dialysis, others.

And how many breaks/lunch breaks have YOU worked thru?

I'm confused by the post of the first person who commented on the news site. I can't tell if he or she supports or opposes the plaintiffs. If the post is in opposition to the plaintiffs, I can't understand where this person is coming from. If it's quality patient care, then this person should realize that the patients will receive far better care from a rested nurse.

Bella'sMyBaby

Specializes in MDS/Office.

Yeah.....I'm Cheated out of Overtime also......

It's called "SALARY."

Awesome news. More nurses need to make waves to ensure they get the money they deserve. We shouldn't be free labor and the hospitals are 100% aware that what they are doing is dead wrong. I hope they have to pay back millions. I hope other nurses read this and act upon it if it is happening to them.

arelle68

Specializes in Mental and Behavioral Health.

I never, never, ever get a lunch break. There just is not time. My patients are not safe if I step off of the floor because I don't have enough staff. I just cram food in my mouth and keep running. To get my paycheck, I have to sign a piece of paper stating that I had all my break time uninterrupted. I am a liar every time I sign it, but I need my paycheck. I guess they have all the bases covered.

The trouble is that the nurses didn't ask to be relieved for lunch, so bosses can now say that they didn't know the nurses weren't getting their lunch breaks, so how can they be liable if they had no opportunity to correct the problem.

Yeah, we know they probably were well aware. But we must speak up. We must document who we notified and when that we needed lunch relief, what the response was, when and whom we re-notified, etc.

I've only worked in one hospital that paid for our lunch hour and still allowed us to eat. I've had supervisors who sent an extra admission my way if I took ten minutes to eat because "you had time to eat, so you must be caught up". Nurses are too afraid to stand up for themselves-we should be getting breaks and either a paid lunch or a firm 30 minutes off the floor to relax. I hope they win-police officers won this in the 1980's-we're way behind.

Salaried employment is not the same situation, clearly. Salaried employees elect to take such positions, knowing how this works, and can always re-join the rank and file who clock in and out for their pay. Strong-arming people to work through breaks and OT and not fairly compensating them is illegal, not to mention, highly unethical; hardly the same thing.

Edited by SmilingBluEyes

Bella'sMyBaby

Specializes in MDS/Office.

Salaried employment is not the same situation, clearly. Salaried employees elect to take such positions, knowing how this works, and can always re-join the rank and file who clock in and out for their pay. Strong-arming people to work through breaks and OT and not fairly compensating them is illegal, not to mention, highly unethical; hardly the same thing.

Totally Disagree.........

Salaried Emplyees should NOT be expected to take on more responsibilities because "Management" wants to cut the hourly employees and "Stay within the Budget." :mad::devil::mad:

salary or not, everyone deserves a mental/physical break n some food so that we can function... What happens if a nurse is diabetic or hypoglycemic?

We are in the US afterall, this is not a sweatshop, or am I dreaming?

It's up to us nurses to fight for what is right, I guess. I think it is horrible that anyone has to work without fair compensation. Those who push this practice should not be in the position to do so. They are committing illegal and unethical acts.

Yup.....sigh, so true!

Indy, LPN, LVN

Specializes in ICU, telemetry, LTAC.

To the person who is required to sign stating they got their breaks for each paycheck: talk to your state's board of labor. The coercion involved is itself illegal. You are able to make an anonymous complaint, I believe. If that doesn't do it for you, call OSHA.

Any of us working in a facility that automatically deducts for the lunch break, without a system for the employee to easily report when they did not take said break, which results in them being paid for it, is at risk for being sued for unpaid overtime. I have worked in two such facilities. Telling the powers that be, that a log needs to be kept for such things, does not accomplish anything. The board of labor telling the powers that be, that they will be paying you back pay for overtime, certainly gets their attention.

I've never seen anybody bold enough to hold my check in exchange for my signature stating that I got my breaks. That is a special case and needs to be broken, hard, by some means, so that others don't get the idea that it's a good way to go. But then, maybe it won't be too popular due to direct deposit being so common.

Everyone needs to band together on this. Take your lunch break or clock out no lunch. Every single shift. And make sure your lunch is long enough. And if you're "on call" during your lunch, that's not, by federal law, considered a lunch and should not be taken out of your check.

We are not machines. We cannot work for 12 plus hours without a break. If we can't take care of our own needs, how can we take care of our patients needs? If we can't advocate for ourselves, how can we advocate for our patients?

For those who argue about right to work states, and how we can be fired if they don't like our shoelaces, I'm here to tell you I've been doing this almost 2 decades and I've only seen people fired for three reasons 1)excessive absenteeism 2)drug use or 3)gross, major incompetence. You will not be fired for taking a legally mandated break - that's a ploy they use to keep you in line. If they were to fire you for something like that they'd get sued so fast their heads would spin and they know it.

nicurn001

Specializes in Psych , Peds ,Nicu.

When will all of you who allow your employer to put your livlihood at risk by working off the clock (Which is what you are doing if you clock out for lunch or are mandatorally clocked out by your employer ) , wake up and realise that you are :-

1) Not covered by the hospitals Liability Insurance if an incident occurs while you are caring for your patient while you are off the clock .

2) Not covered by workers comp . if you injure yourself whilst working off the clock .

3) Ironically risk being terminated , because you falsified your time card by working while you are off the clock ( I know of this actually happening to a nurse at my facility )

So it is not just a matter of compensation or simply getting a break , you risk loosing your livlihood by not ensuring you get breaks that comply with the law .

diane227, LPN, RN

Specializes in Management, Emergency, Psych, Med Surg.

I left management so that I could get PAID for the hours that I actually work. We have this new nursing director and she is having us attend these charge nurse educational meetings to "train" us. I am a bit insulted by this, having been a director of nursing 3 times in the past myself but whatever. I live in Washington state and most nurses are union here. So she tells us at this meeting that we should expect that we will be doing some work "off the clock" as "professionals" we should not expect to get paid for every single thing that we do. Well, this may be a blue collar attitude but that is BS. I did my time not being paid for what I did and those days are OVER. I am sending her a copy of the union contract with a little note reminding her that she cannot work us without paying us least she end up in court herself.

dcampbell

Specializes in NICU. L&D, PP, Nursery.

I left management so that I could get PAID for the hours that I actually work. We have this new nursing director and she is having us attend these charge nurse educational meetings to "train" us. I am a bit insulted by this, having been a director of nursing 3 times in the past myself but whatever. I live in Washington state and most nurses are union here. So she tells us at this meeting that we should expect that we will be doing some work "off the clock" as "professionals" we should not expect to get paid for every single thing that we do. Well, this may be a blue collar attitude but that is BS. I did my time not being paid for what I did and those days are OVER. I am sending her a copy of the union contract with a little note reminding her that she cannot work us without paying us least she end up in court herself.

Please let us know if you do this and what the response is. Thanks.

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