States that are friendly to travelers who want a lunch break

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Thinking about my next assignment and would like to go someplace that respects nurses who like to take an actual lunch break. Scarfing down food at my workstation and being interrupted constantly is not my idea of an actual break. I only have around 3 years of experience as an RN, but one thing I have found is that if I am able to take an actual lunch break, meaning stepping away from the floor and not answering call lights for 30 min. I come back refreshed and it makes my 13 hour shift much better. I think I am a better nurse when I am able to do this. The problem I have found is that when I say to my co workers, "hey, do you all mind if I take my lunch break"? I get a bunch of people looking at me cross eyed like I am somehow abandoning my patients. I always offer my fellow workers the time for them to go on lunch, and I encourage them to do so, but for some reason they think or prefer to just eat their food at the work stations. I personally find this nuts, since I know the benefits I get from taking a break from work. I think some of it has to do with the culture of nursing, which I find disappointing.

I know California is probably right up my ally, and I am working on that license right now, but I would like to hear about other facilities or states that would meet this criteria. I have looked at labor laws in a few other states, only a cursory search so far but it appears Washington might be a candidate. I looked at Oregon but professions such as teachers and nurses are exempt from the mandatory lunch breaks employees are guaranteed to receive. It's the same where I am currently at, Colorado. I am sure heavy union states are probably what I should be looking at.

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California labor law requires a fully relieved 10 minute paid break every four hours and an unpaid 30 minute meal break within five hours of start. If you don't get those, your employer is required to pay one hour of regular pay for each one missed (or interrupted).

So along with great pay, better than average working conditions (staffing ratio law), nice climate and one of the most interesting states in the country, California is up most traveler's alley.

For similar working conditions, your best bet are areas with strong unions. That includes the entire west coast, the upper central Midwest, and much of the NE.

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California labor law requires a fully relieved 10 minute paid break every four hours and an unpaid 30 minute meal break within five hours of start. If you don't get those, your employer is required to pay one hour of regular pay for each one missed (or interrupted).

Does California enforce this on a strict basis? If your lunch got cut short, could the staff nurse (or traveler) go to the nurse manager or HR and demand they be paid one hour of regular pay?

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Thanks, ya, I think I need to just hold out for that CA license. I might give WA a try this summer until I get my license.

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Does California enforce this on a strict basis? If your lunch got cut short, could the staff nurse (or traveler) go to the nurse manager or HR and demand they be paid one hour of regular pay?

If you Google "California overtime" you will see a bunch of paid ads for law firms. Easy money for them (often huge because if they are not following the law for you, there are others) and many law firms do nothing but time that should have been clocked and not paid. Overtime after eight has huge payouts too if the employer hasn't followed the law.

There should be a mechanism on your timecard or timekeeping system to document missed breaks. A manager may have to enter it or sign off on it so your agency can bill and pay you for it.

I could go at some length on related issues, but needless to say, California has the most progressive labor laws in the country, fought for by unions. You don't have to hire a lawyer as the Labor Board will do it for free. I believe that if it is brought to a court by a lawyer instead, there are extra damages that apply you cannot get if you let the Labor Board do it.

The nursing union might also help, even a non union traveler because they want to nip such illegal employer behavior in the bud.

This is where having a low hourly rate could bite you if you miss a lot of breaks. Unless you know about this ahead of time and get a fair rate just for missed breaks so the agency doesn't unduly profit off your extra hardship.

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Thanks, ya, I think I need to just hold out for that CA license. I might give WA a try this summer until I get my license.

Really? Delay travel because a California license is not here next week? This is a huge country, lots of great places to go.

WA is fine too, and fits the criteria I suggested. But generally, if you really want to travel for some extended period, fill your bucket list of places you want to work slowly when the timing and pay is right, not in some mandatory 1, 2, 3 pattern. That will help you maximize your pay and fun.

If you are just in it for one year, then yes, insist on your bucket list now!

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Ned, I am not delaying travel, I am currently on assignment, just trying to decide on where to go next. I am pretty open to a lot of places. I am sure I will end up working in CA at some point in my career, but I am not in a real big hurry to get out there because like you said, there are lots of places to go. CA does have a lot of appeal to me though, beyond the working conditions.

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Specializes in Peri-Op.

Actually in CO, OR and most states in general have it is listed in the states labor laws. If nurses at a hospital or a nurse at a hospital could prove that they were forced to miss breaks on a regular basis they can and will cause problems if they want to. I have known of a few cases in CO and TX through the years that hospitals had to go back and pay out years worth of missed breaks to nursing staff.... I was in management in both places and was very aware of sending nurses to breaks. Not doing it is just negligence and staff can do something about it if they want, they usually just dont out of fear of retribution or something like that......

WA is a pretty decent paying state as is OR on some contracts and in some specialties. What is your dept, I saw call lights mentioned so I am guessing it is not OR or Cath......

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Actually in CO, OR and most states in general have it is (breaks) listed in the states labor laws.

Most? Well I was surprised by how many. I count 23 jurisdictions (two are territories) that legislate mandatory paid breaks for most workers. I'd bet practice and enforcement is sketchy in many of the states that have laws, and certain industries will ignore such laws more than others. In the state with the most protective laws, California, it is enlightening how much enforcement is required after it should be long ingrained in both employee and employer culture.

Colorado is one of the states with break laws in the below link, but Texas is not. So that is a real puzzle how awards for back pay could be won on missed breaks in Texas without a state labor law or union rules. Perhaps large city municipal rules, or state hospital rules? Not doubting your interesting anecdotes for a second, just would like to know more about the back story. There are some union hospitals in Colorado so that makes sense in addition to the state law there.

U.S. Department of Labor — Wage and Hour Division (WHD) — Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector1/ January 1, 2013

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Specializes in Peri-Op.

First one that pops up in a quick google... there were a couple I can remember, this is one that I remembered hearing of... Nurses At Texas Hospital Win Conditional Cert. In OT Suit - Law36

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Well yes. Employers making employers work through lunch and not paying them is one of the most common types of wage pay. It is especially common for nurses because it often would not be safe for patients to take a non working lunch in many hospitals with poor staff/patient ratios. So they are stuck and the hospital argument is that the have to work efficiently enough to take a full lunch. Between protecting license and patient abandonment and labor law.

I thought you were referring about state laws covering breaks and penalties. It is federal law covering all US jurisdictions that worked hours must be paid. Which includes worked lunch periods.

California law by comparison requires an unpaid 30 minute fully relieved meal break. If necessary that it is worked, federal and state law requires pay for worked time, but California goes further in that it has to be fully relieved. If you take lunch somewhere they can find you and interrupt you 25 minutes in, that's all paid work time now. And if they fail to give you another 30 minute meal break in the required time frame (which may be too late at this point) they also owe you an extra paid regular hour as a penalty.

That is way different from most states.

But in every state, employees contribute to encouraging employers to continue wage abuses by not speaking up about unpaid work. Unless they are union, they do risk being terminated for doing so. At-will employment is the law in every state for workers without contracts. Can you tell that I'm a progressive when it comes to worker's rights?

In California, my rationale for charging for missed breaks goes like this: by law, California hospitals have to maintain the staffing ratio and employ sufficient staff to give fully relieved breaks. If I don't get a break, it is because the employer made the calculated decision to save money on relief staff. So it is really excess and abusive profits in the hospital's pocket if I don't claim my penalty hour. It is also my duty to patients to ensure proper staffing levels. Optimal staffing reduces patient mortality and morbidity. Hope this doesn't sound like self-serving rationalization but no doubt some will take it that way.

On another note, I have a good friend working as a travel house supervisor in California. The nature of his job means he is technically never fully relieved because he still has to respond to phone calls on the hospital cell phone he has to carry during his shift. Despite that, on the days he eats and the phone doesn't ring for 30 minutes (very rare) he doesn't charge for the penalty hour. But when he can't have a meal, his shift is now 12.5 hours so a half hour of double time and an extra hour of regular time. It adds hundreds of dollars to his check every week.

I have another friend who is a ED nurse who racks up similar penalties every week. As an OR nurse, I never get that much in penalties. When on call, off shift or weekends, my managers are happy if I work straight through as needed as it saves that two hour callback minimum and some tired nurses for first shift in the morning if I call in another team just for breaks. But I never have charged for more than a couple in a week.

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OP stop asking if they mind. Just state that you need to take a meal break. You can schmaltz it up a little - you get faint, you grown green scales, your eyes hemorrhage - when you don't get a true break. But stop asking permission. State that you need to eat at 1100 hours unless there is a dire emergency but not due to understaffing.

Who is your relief supposed to be? (I am asking you)>

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