Nurses and other workers have been awarded a total of $4.4M in a class action settlement.

The lawsuit, filed in 2019 by nurses and other workers, alleged they often had to work or be on call during unpaid meal breaks. The settlement, approved by the U.S. District Court in the Eastern District of Washington, covers workers at Trios Health and Trios Physicians in Kennewick, and Lourdes Health in Pasco, as well as Columbia Capital Medical Center in Olympia.

According to the source quoting the lawsuit:

"In the rare instances where they attempt a meal period or rest break, they remain on duty in that they are required to respond to calls from patients, doctors, patients' families, other nursing staff and hospital staff, attend to the normal demands of the job, and otherwise respond to emergencies," the lawsuit said.

Hospitals and clinics encouraged interruptions to meal periods and rest breaks by requiring them to carry a device at all times to receive calls and requests from patients and hospital workers, and they were required to respond to any calls they received, according to the lawsuit.

The settlement includes workers' attorney fees and costs of just over $1.2M, which was less than requested, and other costs, including $24,000 to be paid to a settlement administrator and $15,000 to compensate the lead plaintiff, Myla Kurtz.

The $4.4M will be distributed to about 1,966 hourly workers who provided direct patient care, with the average net payment estimated at $1,732 and the highest estimated payment at around $7,165. https://www.msn.com/en-us/health/other/caregivers-at-olympia-hospital-among-those-awarded-4-4m-in-class-action-lawsuit/ar-AA1px8L1

Commentary

A healthcare job often requires moving quickly from one emergency to another. Other days may be less demanding. This makes developing routines difficult. Nevertheless, many state laws require breaks, including meal breaks.

Breaks are viewed as part of maintaining a safe and healthy workplace, according to OSHA.

Here are some tips for managing break time effectively:

• Foster a culture that encourages employees to take their breaks
• Establish clear policies regarding meal and rest breaks.
• Communicate your break policies to all employees and eligible workplace participants
• Utilize on-boarding and training to make certain all workplace participants understand your break policies and their purpose
• Plan work schedules to allow permit compliance with your or the state's break requirements
• Ensure that there are enough staff members to cover for employees during breaks
• Train supervisors and managers on the importance of breaks and how to enforce break policies.
• Keep accurate time records of employees
• Use timekeeping systems to track when employees take their breaks
• Remind employees regularly about the importance of taking breaks for their well-being and productivity.
• If an employee reports that they were unable to take a break, address the issue promptly and make corrections to prevent future non-compliance
• Conduct regular audits to ensure compliance with break policies
• Work with legal counsel on all labor matters including break policies and enforcement