Our law office is investigating possible claims against various health care employers for failing to pay compensation to their nursing staff employees for time spent working during lunch. It is our understanding that it is a prevalent industry practice to automatically deduct a lunch break from an employee’s time, regardless of whether the employee is fully relieved from his or her job duties for the entire break.
Our firm’s investigation relates to whether nurses and/or other hourly employees were not paid for all hours they actually worked because they were not fully relieved of their duties for their entire lunch break. If you were subject to such a policy you may have a claim for unpaid compensation pursuant to the federal Fair Labor Standards Act of 1938, (“FLSA”), and/or analogous state wage and hour laws.
FLSA violations could also include the following:
Time systems that automatically deduct all meal breaks;
Not paying employees for work before and after shifts, training session attendance, or off-premises work (e.g.,answering email);
Not ensuring that customized payroll software is compliant with state and federal laws;
Not including incentive pay, bonuses, and shift differential in overtime calculations;
Improperly classifying workers as exempt; or
Putting employee hours that bridge workdays or workweeks into the wrong pay period.
Our firm will prosecute class and collective actions on behalf of aggrieved employees. We will undertake any litigation arising from this investigation on a contingent fee basis. If a lawsuit is filed as a result of this investigation, we will only seek payment of any fees from recovery generated by the lawsuit. This means any fee we receive will be paid by the defendant or out of any settlement or judgment recovered. Likewise, all costs will be advanced by us. If an action is filed and not successful, you would not be responsible for any of our fees or costs. If you wish to discuss this investigation and any potential legal options you may have, or if you have any questions please contact our law office.
You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential form below which will arrive at our law offices instantly. You may email us too: rose (at) roserobbins.com If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.