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Showing 3 posts in Meal Breaks.

Nurse Denied FLSA Claim for Failure to Follow Employer’s Policies

An emergency department nurse did not have regularly scheduled meal breaks given the nature of her position, but was permitted to take them as work demands allowed. The hospital’s employee handbook provided that employees were to receive unpaid meal periods, the time for which would be automatically deducted from their paycheck. Employees were instructed to report in an “exception log” any meal breaks which were missed or interrupted so that they could receive payment for that time worked. The nurse did report missed meal breaks from time to time, but did not always mark them in the exception log. Further, she did not report to human resources or supervisors that she was not being compensated for time spent working while she should have been on break. More ›

Collective Action Cannot Proceed Where Representative Plaintiff’s Claim Rendered Moot

Today, the U.S. Supreme Court issued its ruling in Genesis Healthcare Corp et al v. Symczyk, No. 11-1059 (U.S. Supreme Court, April 16, 2013) , holding that the employee could not maintain a collective action once her individual claims were rendered moot.  More ›

Another California Court Holds Employers must "Make Available," not "Ensure" meal Breaks

For the past few years, California courts have been inundated with lawsuits filed by employees claiming that they did not receive their thirty-minute uninterrupted meal breaks per Labor Code section 512, which provides that:   More ›