tired of the abuse

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Specializes in Peds stepdown ICU.

Hello fellow nurses,

Is anyone else feeling exhausted by the daily abuse we subject our body, mind, and spirit to for employers that could care less about us???? I have worked at the same place for 4 years now and subjected myself to infrequent bathroom breaks, meal breaks (occasionally we feel we must clock out and work through our break so we don't get written up), and rest periods. The hospital (as with most) is in a financial bind and employees who don't get their meal breaks are subject to write ups, forcing many to just clock out and work. I have been ok with my meal breaks lately but I NEVER get my rest breaks that are required under California law. I have not complained until recently when I became diagnosed with a condition requiring me to make sure I take my breaks. I gave my manager a note from my Dr. requiring me to take at least one of my 10 minute breaks and use the time to take my medication. She said, "I can't promise anything because you know how the unit is." I called HR and explained I have never taken my 2 10 minute breaks in all the years I have worked there and never see my co-workers taking their 10 minute breaks either. The HR lady called the manager and she was reprimanded for this...especially since my diagnosis is covered under the ADA. So now here I sit after being a good employee requesting no more than the law requires for everyone, but feeling like a complainer. I am sure I will be put on her bad list. Our profession does not value us as people who require rest, food, fluid....we are to work no matter what. I applaud facilities that hire break relief nurses so their nurses can go to break and have a specific nurse assigned to break relief. I think this is a common problem and a large reason for early burnout. I am sick and tired of it and regardless of the cost I will stand up for myself from now on. In order to give care we must also nourish ourselves...Anyone else feel like this???? Why is this such a common practice in healthcare settings?

Karen :)

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I am totally on your side. Anything you do to save your own life is fine with me. Don't forget, if a pandemic comes it is going to get worse. They will be able to circumvent the nurse patient ratios because I am sure there is a emergency clause. If you remember the flu outbreak of 2000, the patients just kept coming into the ERs up on the floors, there was no saying no even if you had 12 patients already.

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Specializes in Psych/Rehab/Family practice/Oncology.

We hear ya!!! Two guys were walking on the beach. One guy asks, "did you see that nurse that washed up on the shore?" The other guy exclaims, "no!, how'd you know it was a nurse?" He replied, "oh, that's easy...her bladder was full, her stomach was empty, and her ass was chewed out." Hope this helps to lighten the load, if only for a minute. It's brutal out there!

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Specializes in Peds stepdown ICU.
We hear ya!!! Two guys were walking on the beach. One guy asks, "did you see that nurse that washed up on the shore?" The other guy exclaims, "no!, how'd you know it was a nurse?" He replied, "oh, that's easy...her bladder was full, her stomach was empty, and her ass was chewed out." Hope this helps to lighten the load, if only for a minute. It's brutal out there!

LOL thank you :)

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

I am so proud of you for standing up for your rights! You are not a complainer. You a person that realizes that they are being treated improperly/unlawfully and you are standing up for your rights.

I wish more Nurses would do this because missed meals and breaks would never be an issue. Employers pull this stunt because they can. They see that they are not going to be reported and they also see that many Nurses will work through their breaks and make excuses for it. Wow, what employer would not want free work? They save millions of dollars by pulling this stunt.

I would encourage you to ask you coworkers to keep a journal of their missed meals/breaks and times they they are told to clock out and continue to work. Many people may not be aware of their rights.

Here is a great article re: breaks in CA: Artice: Lawsuit CA

Court: CA Workers Have 3 Years for Missed-Meal-Break Claims

The Supreme Court of California has ruled that three years is the statute of limitations for employees to recover the remedy for an employer's failure to provide mandatory meal breaks or rest breaks in the state.

In California, employers must allow employees to take a half-hour meal break during any work period of more than 5 hours per day. The state also requires that employers permit employees to take a rest period lasting at least 10 minutes for every 4 hours worked.

California Labor Code Section 226.7 states that "if an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided."

The California Supreme Court was asked to decide whether the "one additional hour of pay" constitutes a wage or premium pay subject to a three-year statute of limitations or a penalty subject to a one-year statute of limitations.

"We conclude that the remedy provided in Labor Code section 226.7 constitutes a wage or premium pay and is governed by a three-year statute of limitations," the court wrote in reversing a lower court's ruling.

The California Supreme Court's decision came in the case of Murphy v. Kenneth Cole Productions, Inc.

John Paul Murphy worked as a store manager in a Kenneth Cole Productions (KCP) retail clothing store from June 2000 until June 19, 2002. Murphy alleges that he was only able to take an uninterrupted, duty-free meal period about once every two weeks. In addition, he says that he rarely had the opportunity to take a rest break. After he left the company, a friend had suggested that the company had paid him improperly, which prompted Murphy to file a wage claim.

In awarding payments to Murphy for meal and rest period violations, the trial court applied a three-year statute of limitations. The company appealed the decision, arguing that the trial court had erred. The Court of Appeal ruled that payments assessed for meal and rest period violations are subject to a one-year statute of limitations. Murphy then appealed to the California Supreme Court.

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Specializes in Peds stepdown ICU.

Well they make us sign a document prior to every shift signing away our right to our second 30 minute meal break (in cali as you said we are entitled to 30 min every 5 hours). So on top of making us sign that stupid board we never get our 10 minute breaks and catch hell if we don't clock out for our 30 minute break. Yes, we are working for free like an indentured slave. If they had to back pay me for all these breaks it would be a pretty nice sized check!

Karen

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

Personally, I would talk to a lawyer about this. Present the document that they make employees sign, explain how others are not getting their breaks/meals, (including yourself, until you got a MD note). See what the lawyer has to say. Signing away meals w/o pay sounds illegal to me. It also sounds like blackmail. Say you want your break (which you are legally entitled to) and do not sign the paper? Are you fired? Docked pay? Retaliated against by being subjected to a hostile work environment?

I bet you are not the first employee to report this. Facilities do not like to make this sort of thing public though.

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I applaud your attempts at trying to handle this situation with your manager first and then going to HR. :yeah:

We do have to stand up for ourselves. I also appreciate the humor on this thread.

I heard about a company that makes 2 x 4's with a personalized quote . . . .

"If I ever say" fill in the blank "hit me over the head with a 2 x 4".

I'll bet we could come up with some good "fill in the blanks". :D

http://www.noveltygaggiftideas.com/

steph

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Specializes in PACU, Surgery, Acute Medicine.

Sounds like maybe it's time for a change to a new facility?

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Specializes in Level 2 and 3 NICU, outpt peds.
Sounds like maybe it's time for a change to a new facility?

Unfortunately, changing to a new facility is usually not the answer, most hospitals are running on a shoestring now, nursing is always among the first to take the hit, when other disciplines are laid off or cut back, the usual answer is that the nurse's will pick up the load, i.e. cut back the number of RT's = nurses will now do the tx's, etc. My manager HATED it when we left the unit to eat and would "talk" to us about bringing or meals back to the unit just in case we were needed. Parents and other staff had no problems with opening the door "just to ask a question.":crying2: Hopefully, with people like the original poster will encourage the rest of us to stand up for ourselves. I mean c'mon..12 hrs without a break?!

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Specializes in Peds Critical Care, Dialysis, General.

Gee, I am so glad it isn't just me. I'm usually so exhausted after 1 shift, let alone 2 in row, that I sit down and immediately fall asleep. I generally don't take breaks, have gone at least 10hrs without a potty break and eat, well that's sometime done on the fly.

I'm so pooped now that I actually had to start this reply 3 times because I got distracted and went to a different thread without posting!

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Specializes in Peds stepdown ICU.

I think as a profession we lack being our own advocates. If we all demanded better treatment then they would be forced to give us that treatment....unfortunately the majority of us just take it and simmer quietly. I am just tired of it...and plain tired all together.

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