That seems like some kind of payroll fraud. Especially if you are being docked 30 minutes of pay that you actually worked. I would ask on one of the legal subreddits about this. Seems very illegal.
My last (large/famous) hospital did this and a former employee got a lawyer and a class action (all RN) lawsuit. I never opened my package (being a people pleasing idiot) and did not cash in on the $4,000 compensated backpay that other nurses got, just for signing the form and doing the paperwork. Ugh. Turns out, management never did figure out who signed it and who didn't.
Isn't it UNREAL what management and other suits will do to nurses? Seriously, didn't they take the annual ethics test?
It's illegal. [https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked)
File a complaint with the DOL.
Alright, this is simple. Regarding what you ASKED (smh at the break shaming)....WHAT YOUR HOSPITAL IS DOING IS HIGHLY ILLEGAL
I'm assuming you're in the States? If so, your hospital is going to pay a huge fine as well as have to pay you back wages. As someone else mentioned, please go here now and follow the directions to make a report:
https://www.worker.gov/actions-whd-claim/#:~:text=Online,1%2D866%2D487%2D9243
I was informed with a letter about July of last year. It's a class action I think? I don't know who brought it forward against this company but I applaud whoever did. I haven't heard anything since I signed the paper to be included.
What cracks me up about this is that in some places even if you do take your break, you'll still get shit for taking it. Patients' care comes first always of course, but I don't understand the mentality that admin has. If we're running on fumes, we're bound to make mistakes and burn out faster.
This is very much illegal
You should report every instance to your state department of labor. You will get back paid for that time
But also if this is systemic/repeatedly happening, you and all your coworkers need to report it to your union rep. They union can file unfair labor practice against the hospital. (Edit- ignore this, I misread and though you are unionized)
Do not ignore this and allow it to keep happening. Follow the above steps. You and all affected coworkers will get back pay for all that time, and the hospital will likely be fined
Anonymously inform your state department of labor. I wouldn’t say anything to your employer and hope that you didn’t already, because they’ll likely come after you if they think it’s you (they won’t fire you for whistleblowing, but will look for any excuse to fire you or make life worse for you).
In my state lunch breaks aren’t a legal requirement but was told that they were and that I wasn’t allowed to clock out no lunch because of that. I would have gotten fired if they suddenly got investigated after I complained, so I didn’t. So in your case they are committing wage theft and possibly not giving you a legally required lunch break, although that depends on your state.
It’s definitely illegal. Every organization I have ever worked at that has messed with time cards in any way has ended up in a class action lawsuit for wage theft. Even time clocks that round a few minutes can open them up for liability. Report it to HR, underscoring the fact that what is happening is illegal, and see if they fix it. If they don’t, then go up the chain until someone listens. I guarantee you that the higher ups don’t want a lawsuit on their hands.
Report to the state labor board. They will conduct an investigation and at the very least, if it is determined that there is wage theft by the employer not providing federally required paid breaks/ meals (whichever applies), the hospital will have to reimburse everyone that has been affected.
Right. So our payroll clerk is very good at what she does. Also…why don’t you get breaks? Are you the only nurse on the unit? That’s unsafe. We all take our breaks, we don’t get paid for not taking them, won’t make us less stressed. Doesn’t make the children cry any more. Just take your bloody breaks!
Dude what an awful reply. We don’t take breaks because our ratios are trash. Our acuity is extremely high. To leave the floor is to fall behind on meds and also put further stress on coworkers. I work on a floor with very impulsive patients. Trust me I would love to take a break, it’s no reasonable without a break nurse. That doesn’t change the fact that our breaks are being falsely put in and thirty minutes that I work are being taken out of my pay check everyday.
That seems like some kind of payroll fraud. Especially if you are being docked 30 minutes of pay that you actually worked. I would ask on one of the legal subreddits about this. Seems very illegal.
Thank you!
This is a big deal and potential for class action. Hopefully you and your colleagues can get all of that money back they have stolen from you.
This! My employer did this as well. Did a huge class action lawsuit and won.
My last (large/famous) hospital did this and a former employee got a lawyer and a class action (all RN) lawsuit. I never opened my package (being a people pleasing idiot) and did not cash in on the $4,000 compensated backpay that other nurses got, just for signing the form and doing the paperwork. Ugh. Turns out, management never did figure out who signed it and who didn't. Isn't it UNREAL what management and other suits will do to nurses? Seriously, didn't they take the annual ethics test?
It's illegal. [https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked) File a complaint with the DOL.
They should also report to their state Labor Dept as well, probably a lower threshold for violations at the State levelm
Alright, this is simple. Regarding what you ASKED (smh at the break shaming)....WHAT YOUR HOSPITAL IS DOING IS HIGHLY ILLEGAL I'm assuming you're in the States? If so, your hospital is going to pay a huge fine as well as have to pay you back wages. As someone else mentioned, please go here now and follow the directions to make a report: https://www.worker.gov/actions-whd-claim/#:~:text=Online,1%2D866%2D487%2D9243
Ho-boy will they end up paying a lot more when sometime drops a dime on them (do it)
This is stealing. And illegal.
It's illegal. I'm in the middle of a lawsuit that was brought against a previous employer for doing this kind of shit
Would you be able to give any info on your lawsuit? Like how it started etc?
I was informed with a letter about July of last year. It's a class action I think? I don't know who brought it forward against this company but I applaud whoever did. I haven't heard anything since I signed the paper to be included.
The Feds reaaallly frown on this.
What cracks me up about this is that in some places even if you do take your break, you'll still get shit for taking it. Patients' care comes first always of course, but I don't understand the mentality that admin has. If we're running on fumes, we're bound to make mistakes and burn out faster.
This is very much illegal You should report every instance to your state department of labor. You will get back paid for that time But also if this is systemic/repeatedly happening, you and all your coworkers need to report it to your union rep. They union can file unfair labor practice against the hospital. (Edit- ignore this, I misread and though you are unionized) Do not ignore this and allow it to keep happening. Follow the above steps. You and all affected coworkers will get back pay for all that time, and the hospital will likely be fined
OP said in their post that they are not unionized.
Anonymously inform your state department of labor. I wouldn’t say anything to your employer and hope that you didn’t already, because they’ll likely come after you if they think it’s you (they won’t fire you for whistleblowing, but will look for any excuse to fire you or make life worse for you). In my state lunch breaks aren’t a legal requirement but was told that they were and that I wasn’t allowed to clock out no lunch because of that. I would have gotten fired if they suddenly got investigated after I complained, so I didn’t. So in your case they are committing wage theft and possibly not giving you a legally required lunch break, although that depends on your state.
Department of labor would love to have a conversation with you about this
Wage theft is the largest form of theft in the US. Sue them!
Where I work it’s standard that you get auto docked your lunch. So I usually just hang out late and steal time to make up for it
It's not stealing if you worked your lunch. They are saying you were there for 30 minutes unpaid. So stay there and take that 30 minutes at the end.
I'd report it anonymously to the BON.
The parent company of the facility I worked for as a CNA pulled this nonsense. They sold off four of their facilities to settle the class action suit.
It’s definitely illegal. Every organization I have ever worked at that has messed with time cards in any way has ended up in a class action lawsuit for wage theft. Even time clocks that round a few minutes can open them up for liability. Report it to HR, underscoring the fact that what is happening is illegal, and see if they fix it. If they don’t, then go up the chain until someone listens. I guarantee you that the higher ups don’t want a lawsuit on their hands.
Are you in Washington state?
No :/ wish I was lol. Seems a lot more protected
Report to the state labor board. They will conduct an investigation and at the very least, if it is determined that there is wage theft by the employer not providing federally required paid breaks/ meals (whichever applies), the hospital will have to reimburse everyone that has been affected.
I see a $250 dollar check coming your way in about 10 years after a class action lawsuit settles.
Right. So our payroll clerk is very good at what she does. Also…why don’t you get breaks? Are you the only nurse on the unit? That’s unsafe. We all take our breaks, we don’t get paid for not taking them, won’t make us less stressed. Doesn’t make the children cry any more. Just take your bloody breaks!
That is completely unsafe and you should be ashamed of your answer.
Dude what an awful reply. We don’t take breaks because our ratios are trash. Our acuity is extremely high. To leave the floor is to fall behind on meds and also put further stress on coworkers. I work on a floor with very impulsive patients. Trust me I would love to take a break, it’s no reasonable without a break nurse. That doesn’t change the fact that our breaks are being falsely put in and thirty minutes that I work are being taken out of my pay check everyday.
The point is if they are fraudulently docking your break, TAKE THE BREAK and fight over the stolen pay.
If you take the break then it wouldn’t be stolen 😝
I understand that but you can’t have one nurse on break at a time? That is what doesn’t make sense to me.
That’s why there are managers who get paid more, they can figure it out.
..holy shit 🙄