puching out 'no break'

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I work on an EXTREMELY busy unit, many people quit/high turnover/but big unit. Anyway, I am new, too, but never get a lunch break. Maybe can get 10 minutes in. If I took a lunch break, I wouldnt get some things done. I stay late as it is.

there was a memo recently to not punch out like this. Thoughts?

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Specializes in Cardiac Telemetry, ED.

Unethical. You not only have a right to your breaks, but the facility is legally required to make sure you get them.

We don't have punch clocks at my facility; we sign in on a sheet. If I am so busy that I don't think I'm going to get my break and/or I think I will be staying late to chart, I go to my charge nurse and let them know ahead of time. They are obligated to either authorize my overtime, or get me some help so I can get out on time.

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I work on an EXTREMELY busy unit, many people quit/high turnover/but big unit. Anyway, I am new, too, but never get a lunch break. Maybe can get 10 minutes in. If I took a lunch break, I wouldnt get some things done. I stay late as it is.

there was a memo recently to not punch out like this. Thoughts?

Why are you subsidizing their poor staffing by allowing them to not pay you for the lunch break you are legally entitled to?

Nurses have done this for far too long, and now the hospitals just expect that nurses will work for free. Do the doctors work for free? I don't think so. Neither does the Hospital CEO? So why should you?

Put in for overtime when you miss you lunch break and try to talk to as many of your co workers as you can to do the same.

When the hospital gets tired of paying overtime, they will allow you a meal break. If they give you flack, take it to the labor board. It has nothing to do with anyones' organizational skills to not be able to provide care for too many patients, and get allowed breaks, as well. Don't let them bully you. Cover your A$$ with paperwork outlining to the nurse manager why the present work load does not allow you enough time to take breaks and get patient care accomplished.

Again, if you are really feeling brave, contact the senior partner of the law firm who represents the hospital, and outline to him/her what the problem is. Point out that recent court cases have favored employees who have filed class action suits for overtime/break time that was missed/denied because of work load, and it cost the hospital big time.

Do not meet in their office by yourself. Take someone with you as a witness.

Lindarn, RN, BSN, CCRN

Spokane, Washington

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Specializes in ER, Critical Care, Progressive Care Tele.

I can completely relate to what you're going through. I also work on an extremely busy unit, and rarely get a lunch break. I punch out "No Lunch" and don't feel guilty at all; in fact, I encourage my coworkers to do the same. I make sure not to abuse the privilege, but I feel like that extra half-hour of pay is well earned.

In the back of my head, I feel like if enough people clock out "No Lunch", then someone HAS to stand up and take notice. I agree with the earlier post about the ethical and legal ramifications of what your facility is asking you to do -- sounds like working off the clock to me.

You hang in there and stand your ground. It's hard enough being a nurse for 12-hours a day . . . we at least deserve a lunch!

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Specializes in Telemetry, CCU.

I just started my orientation in a union hospital. They have very strict rules about taking lunch breaks and clocking out on time (people working over or not taking breaks is a big labor-law no no). Monday is my first night on the floor so I have yet to see how the union makes a difference in nurse satisfaction, but so far it seems that it will be a lot better in the long run.

I'm sorry to hear what you're going through, but I think Lindarn has some great advice. There are federal and state laws in place that are supposed to protect workers from being taken advantage of. I hope you take some sort of action and maybe you can get some other coworkers to join up with you in your stand. Good luck

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Specializes in Med-Surg.

Take your break. What's 20 more minutes to the ten you are taking? Demand it. Take it. Schedule it along with your other tasks.

I work on an extremely busy med-surg floor and only once this past year I've not taken a lunch break. It's something I've learned to do for myself. Yeah I bust butt the rest of the time, and no I never ever get out on time, but I take care of myself first and foremost. I'm more productive when I take time out and actually get as much done than if I've skipped it and am dragging.

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Why are you subsidizing their poor staffing by allowing them to not pay you for the lunch break you are legally entitled to?

Nurses have done this for far too long, and now the hospitals just expect that nurses will work for free. Do the doctors work for free? I don't think so. Neither does the Hospital CEO? So why should you?

Put in for overtime when you miss you lunch break and try to talk to as many of your co workers as you can to do the same.

When the hospital gets tired of paying overtime, they will allow you a meal break. If they give you flack, take it to the labor board. It has nothing to do with anyones' organizational skills to not be able to provide care for too many patients, and get allowed breaks, as well. Don't let them bully you. Cover your A$$ with paperwork outlining to the nurse manager why the present work load does not allow you enough time to take breaks and get patient care accomplished.

Again, if you are really feeling brave, contact the senior partner of the law firm who represents the hospital, and outline to him/her what the problem is. Point out that recent court cases have favored employees who have filed class action suits for overtime/break time that was missed/denied because of work load, and it cost the hospital big time.

Do not meet in their office by yourself. Take someone with you as a witness.

Lindarn, RN, BSN, CCRN

Spokane, Washington

I agree. Several nurses on this very board have been denied breaks/lunches and not paid. People got brave and many have gotten checks to make up for this along with not being paid O/T.

They are behaving in an unethical and illegal way. Don't take it.

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I can completely relate to what you're going through. I also work on an extremely busy unit, and rarely get a lunch break. I punch out "No Lunch" and don't feel guilty at all; in fact, I encourage my coworkers to do the same. I make sure not to abuse the privilege, but I feel like that extra half-hour of pay is well earned.

In the back of my head, I feel like if enough people clock out "No Lunch", then someone HAS to stand up and take notice. I agree with the earlier post about the ethical and legal ramifications of what your facility is asking you to do -- sounds like working off the clock to me.

You hang in there and stand your ground. It's hard enough being a nurse for 12-hours a day . . . we at least deserve a lunch!

Good for you. I hope your co-workers are doing the same.

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Specializes in ER, PACU, Med-Surg, Hospice, LTC.

There is no Federal law on either break or meal periods! Honestly.....look here!

17 STATES have meal laws and only 8 STATES have break laws, but that's it!

click here ---> Lunch and Breaks

It's horrible! I have experienced so much abuse with meals/breaks within Nursing. I've had numerous other jobs prior to Nursing and NEVER encountered problems with breaks, lunches or OT.

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While there is no Federal law mandating that you get a lunch, there IS Federal law mandating you get paid for every minute you are working.

"The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating."

The DOL rep I spoke with confirmed this and what you posted in your link: Thirty minutes uninterrupted, away from your work.

Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked. Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the "8 and 80" system. Under the "8 and 80" system, the nursing care facility may pay employees -- with whom they have a prior agreement -- overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period.

The most common violation in the nursing care industry is the failure of employers to pay for all the hours worked. This uncompensated time most frequently occurs when employers fail to pay for work performed:

* Before and after a worker's scheduled shift;

* During an employee's scheduled meal period; and

* While employees are attending staff meetings and compensable training sessions.

Overtime pay violations often occur when employers:

* Fail to pay overtime after 8 hours of work in a day for workers (both full time and part time) who are under the "8 and 80" system.

* Pay overtime after 80 hours worked during a biweekly period rather than after 40 hours in a workweek to employees not under the "8 and 80" system.

* Fail to combine hours worked in more than one department or at more than one facility when determining the total overtime hours worked.

* Fail to include in calculating overtime hours the time spent or hours worked while performing on-call assignments.

* Fail to include shift differential, bonuses or on-call fees in calculating an employee's regular rate.

* Fail to pay overtime to non-exempt, salaried employees (e.g., clerical staff, cooks, and activities directors).

http://www.dol.gov/esa/regs/compliance/whd/whdfs31.pdf

http://www.dol.gov/esa/whd/flsa/index.htm

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As another poster pointed out, hospitals are not required by law (in most states) to make sure you get to take a lunch break. However, there IS a federal law that requires the hospital to pay you for time worked (the Fair Labor Standards Act). They are not allowed to require you to work through an unpaid break period and then not pay you for it.

BTW, to qualify as a meal period: "The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating."

http://www.dol.gov/esa/regs/compliance/whd/whdfs22.pdf

All of you who do not take your meal breaks, or do work while you are eating and count that as "lunch", or do not clock "no lunch" if you do not get an uninterrupted break are enabling your employers to violate the law. This does not serve to benefit you, your colleagues, or even your patients. It only serves to line the pockets of your employers.

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Specializes in Med Surg, Hospice.

I take my lunch. I have the others cover me, and I go. I have to for my own sanity. 17 needy patients every day is enough to send me running for the hills in search of sanity. That half hour that I am off the floor makes a world of difference in my attitude when I come back from lunch. I worked hard for it, I'm going to take it, and no one is going to deprive me of it.

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