![]() ![]() The FLSA requires businesses to pay employees for all time worked, even when employers don’t authorize employees to work during their breaks. Employers who force their workers to clock out for breaks run the risk of a wage and hour lawsuit. The consequences for not paying employees for all time worked can be costly. If an employee works during a lunch break, business owners shouldn’t deduct hours from their timesheets automatically or force them to clock out. If so, bring it to them.Employees should clock out for lunch breaks, as long as they are not working during that time. And a nifty way to either not show that there is a need for another nurse, or because the nursing staff may be long term, to get rid of them for 2 more.Īre you union? If not, you may want to see about changing that. In all seriousness, this could come back and bite you. Perhaps the administrator would like to come in on nights and spot nurses for breaks. Interestingly, there are licensing agencies who would pick up on that-"hey, if Nurse xyz was off the clock, how is this documentation accurate if timed during the supposed break?" You can not clock out for a lunch you do not take, and continue to work through. You clock out for lunch, then you go back to your unit to work, and then 30 minutes later, you clock in for a lunch break that you officially did not take. Corporate need to see that you are clocking in and out for a lunch break so they will not be cited by the state and the labor board for a nurse not being able to take a break. They know that the nurses that work the unit are not able to take a 30 minute lunch. I tried to explain to her (as if she didn't know), that the workload on the unit is very heavy. Yes, she had spoken to me about this before. Guess what happened to my write up? It was thrown away. Side note: Nobody got a lunch and everyone was getting wrote up. I feel like I need permission so I can give my co-workers a reason." Which is it? Because you can't force me to stay for admissions and then turn around and write me up for not walking away for lunch. So, either I can walk away for lunch or I can't. I said, "I must be able to because you are writing me up for not taking a lunch when we were slammed with admissions. That way when we are slammed with admissions, I am covered." I said to her, "I need for you to write in the comments that I am to take a lunch regardless of case load. That is when you utilize a section for feedback from your supervisor. ![]() These were times when we had tons of admissions and there was no way without compromising patient care. I had a manager ONE TIME try to write me up for not taking a lunch three shifts in a row. I would refuse to do it, write up or not. You have no idea of what kind of liability you are creating for yourself when you work off the clock. How can you do time management working on such a heavy unit, when every night there's something different? If I work off the clock I get in trouble. If I stay on the clock I get in trouble for the overtime. ![]() ![]() I also sometimes work off the clock, which is against labor laws. I work in LTC on the night shift as a Charge Nurse and the work load is extremely heavy not to mention that it's a Medicare / Medical Unit and charting is totally outrageous! How some nurses are able to get out on time is a mystery to me. I was written up by my DON for not being able to take a lunch break. ![]()
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