Question re: labor laws, meal break

[Anna_Septic_RN]

I remember reading years ago, that if a nurse in AZ is the only nurse in a facility, she must be paid for her lunch break, because she cannot leave and must be available during break, and is considered still on duty.

I googled, but could not find anything on this. Does anyone know of a link or have any info specific to this issue? :)

[Esme12, ASN, BSN, RN]

There are several who have sued over not being paid breaks. IncludingSears and Walmart.

[h=3]Three Nashville-Area Hospitals Sued for Meal Break Compensation ...[/h]

[h=3]Former nurse at St. Mary's sues over hospital meal breaks : Wsj[/h]

[h=3]Washington hospitals sued for not providing nurses with rest breaks ...[/h]

[h=3]7 area health systems sued over working lunch breaks - Philly.com[/h]

[generalRN2008]

I remember reading years ago, that if a nurse in AZ is the only nurse in a facility, she must be paid for her lunch break, because she cannot leave and must be available during break, and is considered still on duty.

I googled, but could not find anything on this. Does anyone know of a link or have any info specific to this issue? :)

Look at AZBON site

[Anna_Septic_RN]

The BON exists to protect the public, and does not provide any protections for nurses.

[morte, LPN, LVN]

yeah, it would be the Labor Board, or Az equivalent, that you want.

The BON exists to protect the public, and does not provide any protections for nurses.

[OCNRN63, RN]

Can My Boss Do That? | Home

[caliotter3]

I would simply consult with the AZ Labor Board. Over the years, the rules might have changed.

[clearbrook6]

Check and see whether or not Arizona has specific wage & hour rules (beyond a statutory minimum wage.) Some states do and others don't. Google "Arizona wage and hour." In state that do have such laws, they often spell out protections that exceed what is required under the federal Fair Labor Standards Act (FLSA.)

Otherwise, you should look at the US Dept of Labor's FLSA fact sheet here: http://www.dol.gov/whd/regs/compliance/whdfs22.htm

Definitely check out the Dept of Labor's "Hours Worked Advisor' here: http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE4.asp which I think will give you your answer.

Looks to me like you should probably be paid, but you should check these out yourself. If you feel you are getting stiffed, an employment law attorney would be a good idea.

Smaller employers often misunderstand wage and hour rules - the info get garbled as it is passed from one supervisor to another. You can check with HR if your employer has such a department. Sometimes the correct information just needs to be pointed out to the supervisor (call me an optimist, but I have seen it more than once!)

Good Luck!

[Anna_Septic_RN]

Thank you, clearbrook6!

[NurseGirl525, ASN, RN]

I will tell you why you can't get paid. OSHA. You can not clock out for a break and be able to work. It has to do with Workman's Comp. That is federal, not just state. Now whether or not you get a break is up to each state, but here is how it works in most states, once you turn 18 you are not entitled to a break. Yes that sounds barbaric but that is how it is. Only those under 18 are covered for breaks and it is 15 or 30 min for every 4 hours worked. Most employers give breaks. I have worked for a few that don't. But you can not work on a break. That is OSHA and Workman's Comp. Check the board of labor site in your state but if it doesn't say anything about breaks more than likely your employer does not have to give you one.