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not paid North Carolina

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  • not paid North Carolina

    The hostipal I work for just started using a time clock. I work alone on third shift and my supervisor told me I have to take a mandatory 30 minute break. But while I'm on break I have to watch my patient work list and answer any phone calls. Before they got the time clock, I worked a straight 8 hour shift, no one on third shift took a break because we do not have the staff to cover breaks. Can my employer force me to take a break and not pay me for 30 minutes - while at the same time they are telling me I still need to answer the phone and watch my patient list. Isn't that still working? And if I am working the entire 8 hours, can they still take out the 30 minutes of pay?

  • #2
    You have to take breaks if your employer tells you to do so or you can be disciplined up to & including termination for not doing so.

    Are you a nurse? Some nurses are exempt. If you are a non-exempt employee, you must be paid for the break time if you do any work during the break.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      x-ray

      I'm a x-ray tech on third shift. Sounds like I will be getting the shaft and have to work through my break.

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      • #4
        If your non-exempt, you have to be paid for your time though if you work during the break.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Don't take the shaft. Discuss this with someone in HR. Possibly they can assist.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Do you have a cell phone or are you at a desk during this break period? What is involved with "watching the patient list"? I'm going somewhere here.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              However; if she answers calls (even on a cell phone), she would still be working & should be paid for that time -- if she does any work during her break. It seems she is the only one on shift to answer calls. I don't know what is involved in watching patient list.

              OP, please answer Patty's questions. Thanks.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                x ray

                not a cell, and my patient list is anyone waiting to be x-rayed. So if I'm on break and someone comes in i have to get the patient done right away. and you would be amazed at how many people come in at 3 in the morning. Usually it is non stop all night. Which means if I take a 30 minute break and the patients back up the doctors freak and the patient give you a bad survey. Shafted any way you look at it. I will ask HR for help about. Thanks
                Last edited by taybill1; 03-17-2010, 05:42 PM.

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                • #9
                  Ok - you do have to be paid for your break time if you do any actual work during your break. (ie answer phones, take care of patients...)
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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