“I ate a sandwich while charting patients, but my pay stub shows a ‘Meal Break’ deduction.”
Client H was a nurse at a busy general hospital. Due to the hectic nature of the ward, taking a proper lunch break was impossible. However, her pay stubs consistently showed a 30-minute automatic deduction for a “Meal Break.” When she complained, the head nurse said, “It’s an automated system, we can’t change it.” Client H was working for free for 30 minutes every day.
Song Law Firm’s Legal Analysis: No “Complete Relief,” No Deduction.
Auto-deduct policies are legal only if the employee actually takes the break. Under labor law, an unpaid meal break requires the employee to be “Completely Relieved” of duties.
Our team proved that Client H had to answer call buttons and monitor patients even while eating. Since she was not completely relieved of duty, that time is considered Compensable Work Time.
The Result: 3 Years of Back Pay
Those 30 minutes a day added up to a significant victory.
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Result 1: Retroactive payment for all automatically deducted meal breaks over the past 3 years.
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Result 2: Because adding these hours pushed her over 40 hours a week, we recalculated and recovered Overtime Pay.
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Result 3: The hospital corrected its auto-deduct system and guaranteed genuine break times.
Don’t let “system errors” steal your wages. While you care for patients, Song Law Firm cares for your rights.
[Contact Us]
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KakaoTalk Channel: Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
Disclaimer: Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.
