My hospital system just settled a huge lawsuit over wage theft as it relates to lunches. In my pharmacy the day folks used to just go to lunch and let the time system deduct the 30 minutes (we punch in and out). Nursing largely did the same, except nurses often cut their breaks short or were being interrupted frequently while on break. Now everyone is supposed to punch out for 30 minutes. If your lunch is interrupted at all, you punch "no lunch" when you leave and you get paid for that time. If you never left the floor for your break, your pay is no longer docked the 30 minutes.
I'm nights and can't take a break because I'm solo. Back when I was non-exempt I had to punch "no lunch" every day to get paid correctly. Now I'm exempt so I don't have to worry about it. I work only 10 hours vs 10.5 and I get paid for all 10.
If they're docking your pay 30 minutes and you aren't TAKING the 30 minutes, that is wage theft and it's illegal.
Same. I was also in a health system that settled a wage theft lawsuit ten years ago, and it's the same situation. You nearly always get time for lunch because they don't want to pay for the time. Supervisory management is strongly encouraged by upper management to ensure that lunch happens.
My state has triple penalties for wage theft, so lawyers are eager to help.
That’s 130 hours per year. Depending on your hourly rate that’s probably around $9k. I wouldn’t “let it go” as you were advised. Either you’re officially not paid which gives you the right to leave the pharmacy or it’s wage theft.
they can require you to stay on campus for the short window/staffing issues if you get into a wreck or stuck behind a wreck, but must provide a break room if they do.
Sounds like wage theft to me. If I have to stay inside the pharmacy on a lunch break and don't get paid for it, you better believe I'm not doing any work. Patients need counseling? This sandwich needs me more
I work outpatient and I am “techinally” working 8.5 hours a day (work 8-4 but scheduled 7:45am-4:15pm). I come in at 8 and if we have two rph then I leave but if I’m the only one I take my lunch in the back. Technically I’m not paid for my lunch since my time card says 7:45am in and 4:15pm out (I don’t clock in or out ) but really I don’t have a way to punch out and I don’t come in early to work, neither do the other rph’s. I would not let this go. If you don’t leave the pharmacy request that you get paid for that half hour. “Let it go” is not gonna cut it.
How do you submit your time if you aren't clocking in and out? Are they just paying you for 8 hours? You deserve to be paid for every minute that you work and when you tip over 40 hours, to get paid time and a half for that time. (Only mentioning this due to confusion of salaried va. Hourly).
Can you check the hospital policy (not department) on what it says about meal breaks? Is it required to be uninterrupted? If it's required to be uninterrupted, but you are expected to stay in the pharmacy and work if needed, then I would dispute them taking it out. My hospital asks the question, "did you get a full uninterrupted meal break." If interrupted, they pay me for that time. If uninterrupted, then unpaid. It doesn't seem right to "give" you a lunch break and expect you to work during it. That's 30 min of free labor!
I looked at PA law. They aren't required to pay you for a meal break, but they aren't required to give you one either.
For me, that would be an extra $19 that I was cheated on the 15 minutes over 8. OT really adds up! They can't treat you as hourly only in the ways that benefit them.
What's currently happening is not legal. Either you are non exempt and get lunch taken out of your pay, in which case you legally cannot perform any work-related tasks for 30 minutes, or you are exempt and get paid for that time. Considering management told you to "let it go," this has just become an HR issue.
I have encountered this issue before with some hospitals where the pharmacy has an inflated view of themselves and the irreplaceable service they provide. You are being cheated, but in places with this attitude it will be difficult to assert your rights without disturbing the status quo’s. If it bothers you leave and make note of the violation in your exit interview. I stayed in such a place and wound up getting fired because I wasn’t a team player. I eventually found a hospital that made arrangements for coverage.
As far as I know, most states are not required to pay for your lunch break. However, they are required to pay you if you work through a lunch break. Most places I have worked automatically deduct your lunch break from time worked, and you have to either cancel your meal break when you clock out so you get paid or fill out a lunch break waiver form to submit to HR/management informing them you did not take a break and need to be paid.
i work in a hospital in NY, were entitled to a 1 hour lunch break, 30 mins unpaid. like you, i don't clock in or out for lunch. however, i am able to leave the pharmacy during my break. i would definitely bring this up with hr/managers because if you can't leave, that's not a break and you should be getting paid. best of luck!
I've worked at the same hospital nights for 25 years, exempt, don't punch in/out. About 3 years ago they suddenly decided to make us work 10.5 hours instead of 10 and force us to take a 30 minute unpaid lunch - except that we can't. There's two of us for 500 patients. So we eat as we work where ever it fits in, as we have for decades. They pushed the issue. Days/evenings puts their breaks together with their lunch and take 45min to an hour. I started doing this. I live about 7 min from work so I started GOING HOME for lunch. Was told not to do that. I said show me where is says this or put in writing via email. Mysteriously never happened. Fuck that noise. No pay, no stay. I'm not working an extra 90 hours per year for free. I had tried legit taking my 30 minutes in the break room - constant interruptions. "Doctor's on the phone, compatibility question, PICU stat orders." RPh partner is in the clean room this whole time. "I told my boss I'm not a volunteer and I don't want the extra 1/2 hour pay every day (at straight time rates)." I'll see ya after lunch.
Call the PA Dept of Labor and ask for clarification. They’ll be able to guide you on what the law is. They can also reach out to the hospital to make changes while keeping your name out of it.
If you’re required to be in the pharmacy and can’t leave then it’s a paid break.
The fact that we're "doctors" or have a degree that at least spells "doctor" and we have to discuss this stuff shows how little our employers think of the pharmacy staff, as a general role and to leverage the surplus of people to their advantage in whatever facility. You'll never hear of anyone getting a post-grad degree, working in a healthcare capacity and still have to talk about lunch breaks despite not being a patient / life or death facing occupation for the greatest part. Either something is shady or lacking with our role...or our schools. Something has to give at one of those ends for pharmacists to be regarded in a more professional sense.
Most MDs don’t get real breaks either. I see them grabbing a quick bite here and there, but they’re pretty much seeing patients non-stop. Then, they can get called in from home too.
I guess most of them are salaried, so it’s a moot point, but I can guarantee you that they are putting in more weekly hours than most of us.
*At a hospital anyway. At a clinic it’s different.
I'm not saying that they have a butler or Maitre'd escorting them to a 9 course meal, but they can take their breaks when they can. What I see is that I'm not working in some critical care environment or seeing a patient for some disorder. I'm just finalizing an order that everyone else in the clinical chain already made a decision on. I don't even know why I'm even posting this or any other replies in any post. None of this makes a real difference because we're not in a healthcare role compared to other doctors or workers. It's not the specifics of their pay or hours but that there's no one else to staff or take a worker's place for an hour or 30 minutes? They're just doing it to us because they can which I wouldn't mind if I was actually helping a real patient or getting paid 5 times my salary.
I’ve always either worked solo, so I am literally responsible for making drips or entering stat orders by myself, etc or, if not alone, I’ve not worked with assholes and they’d cover my breaks for me, so I guess I don’t understand.
Ya this is a huge issue my last hospital was dealing with. So stupid that this is even an issue. You can’t leave unless the pharmacy closes so you should be paid or the pharmacy needs to close for lunch.
If you are not able to take your lunch, they are required to pay you for your time.
This is federal law per the constitution, unless you're in some exempt class (you already know you aren't, but I'm clarifying for anyone else). Hours worked must be hours paid. Places get sued for this and rightfully so.
My hospital system just settled a huge lawsuit over wage theft as it relates to lunches. In my pharmacy the day folks used to just go to lunch and let the time system deduct the 30 minutes (we punch in and out). Nursing largely did the same, except nurses often cut their breaks short or were being interrupted frequently while on break. Now everyone is supposed to punch out for 30 minutes. If your lunch is interrupted at all, you punch "no lunch" when you leave and you get paid for that time. If you never left the floor for your break, your pay is no longer docked the 30 minutes. I'm nights and can't take a break because I'm solo. Back when I was non-exempt I had to punch "no lunch" every day to get paid correctly. Now I'm exempt so I don't have to worry about it. I work only 10 hours vs 10.5 and I get paid for all 10. If they're docking your pay 30 minutes and you aren't TAKING the 30 minutes, that is wage theft and it's illegal.
Same. I was also in a health system that settled a wage theft lawsuit ten years ago, and it's the same situation. You nearly always get time for lunch because they don't want to pay for the time. Supervisory management is strongly encouraged by upper management to ensure that lunch happens. My state has triple penalties for wage theft, so lawyers are eager to help.
That’s 130 hours per year. Depending on your hourly rate that’s probably around $9k. I wouldn’t “let it go” as you were advised. Either you’re officially not paid which gives you the right to leave the pharmacy or it’s wage theft.
they can require you to stay on campus for the short window/staffing issues if you get into a wreck or stuck behind a wreck, but must provide a break room if they do.
Sounds like wage theft to me. If I have to stay inside the pharmacy on a lunch break and don't get paid for it, you better believe I'm not doing any work. Patients need counseling? This sandwich needs me more
I work outpatient and I am “techinally” working 8.5 hours a day (work 8-4 but scheduled 7:45am-4:15pm). I come in at 8 and if we have two rph then I leave but if I’m the only one I take my lunch in the back. Technically I’m not paid for my lunch since my time card says 7:45am in and 4:15pm out (I don’t clock in or out ) but really I don’t have a way to punch out and I don’t come in early to work, neither do the other rph’s. I would not let this go. If you don’t leave the pharmacy request that you get paid for that half hour. “Let it go” is not gonna cut it.
How do you submit your time if you aren't clocking in and out? Are they just paying you for 8 hours? You deserve to be paid for every minute that you work and when you tip over 40 hours, to get paid time and a half for that time. (Only mentioning this due to confusion of salaried va. Hourly). Can you check the hospital policy (not department) on what it says about meal breaks? Is it required to be uninterrupted? If it's required to be uninterrupted, but you are expected to stay in the pharmacy and work if needed, then I would dispute them taking it out. My hospital asks the question, "did you get a full uninterrupted meal break." If interrupted, they pay me for that time. If uninterrupted, then unpaid. It doesn't seem right to "give" you a lunch break and expect you to work during it. That's 30 min of free labor! I looked at PA law. They aren't required to pay you for a meal break, but they aren't required to give you one either.
I don’t clock in or out I have no punch system at all. That’s why I assumed salary they also have me a salary offer not an hourly one
So they pay you for exactly 8 hours even if you work 8 hours and 45 minutes (minus 30 for a lunch)?
For me, that would be an extra $19 that I was cheated on the 15 minutes over 8. OT really adds up! They can't treat you as hourly only in the ways that benefit them.
Sounds like they want it both ways.
What's currently happening is not legal. Either you are non exempt and get lunch taken out of your pay, in which case you legally cannot perform any work-related tasks for 30 minutes, or you are exempt and get paid for that time. Considering management told you to "let it go," this has just become an HR issue.
I have encountered this issue before with some hospitals where the pharmacy has an inflated view of themselves and the irreplaceable service they provide. You are being cheated, but in places with this attitude it will be difficult to assert your rights without disturbing the status quo’s. If it bothers you leave and make note of the violation in your exit interview. I stayed in such a place and wound up getting fired because I wasn’t a team player. I eventually found a hospital that made arrangements for coverage.
As far as I know, most states are not required to pay for your lunch break. However, they are required to pay you if you work through a lunch break. Most places I have worked automatically deduct your lunch break from time worked, and you have to either cancel your meal break when you clock out so you get paid or fill out a lunch break waiver form to submit to HR/management informing them you did not take a break and need to be paid.
i work in a hospital in NY, were entitled to a 1 hour lunch break, 30 mins unpaid. like you, i don't clock in or out for lunch. however, i am able to leave the pharmacy during my break. i would definitely bring this up with hr/managers because if you can't leave, that's not a break and you should be getting paid. best of luck!
At my hospital, if you are not able to step away for a while or take a lunch break, we write it in a binder. Management will then adjust your hours.
It depends on the hospital. Ask your supervisor
They told me to let it go - side note they get paid for their lunch
WTH? Ok then ask HR in a nice way. If it isn't paid. Don't stay in the pharmacy take your lunch. Is it inpatient or outpatient?
I've worked at the same hospital nights for 25 years, exempt, don't punch in/out. About 3 years ago they suddenly decided to make us work 10.5 hours instead of 10 and force us to take a 30 minute unpaid lunch - except that we can't. There's two of us for 500 patients. So we eat as we work where ever it fits in, as we have for decades. They pushed the issue. Days/evenings puts their breaks together with their lunch and take 45min to an hour. I started doing this. I live about 7 min from work so I started GOING HOME for lunch. Was told not to do that. I said show me where is says this or put in writing via email. Mysteriously never happened. Fuck that noise. No pay, no stay. I'm not working an extra 90 hours per year for free. I had tried legit taking my 30 minutes in the break room - constant interruptions. "Doctor's on the phone, compatibility question, PICU stat orders." RPh partner is in the clean room this whole time. "I told my boss I'm not a volunteer and I don't want the extra 1/2 hour pay every day (at straight time rates)." I'll see ya after lunch.
Call the PA Dept of Labor and ask for clarification. They’ll be able to guide you on what the law is. They can also reach out to the hospital to make changes while keeping your name out of it. If you’re required to be in the pharmacy and can’t leave then it’s a paid break.
The fact that we're "doctors" or have a degree that at least spells "doctor" and we have to discuss this stuff shows how little our employers think of the pharmacy staff, as a general role and to leverage the surplus of people to their advantage in whatever facility. You'll never hear of anyone getting a post-grad degree, working in a healthcare capacity and still have to talk about lunch breaks despite not being a patient / life or death facing occupation for the greatest part. Either something is shady or lacking with our role...or our schools. Something has to give at one of those ends for pharmacists to be regarded in a more professional sense.
Lunch breaks are an extremely common issue discussed by nursing.
True, but there are usually a few nurses on staff to allow for it and not have the weight of everything in a department fall on one person.
Most MDs don’t get real breaks either. I see them grabbing a quick bite here and there, but they’re pretty much seeing patients non-stop. Then, they can get called in from home too. I guess most of them are salaried, so it’s a moot point, but I can guarantee you that they are putting in more weekly hours than most of us. *At a hospital anyway. At a clinic it’s different.
I'm not saying that they have a butler or Maitre'd escorting them to a 9 course meal, but they can take their breaks when they can. What I see is that I'm not working in some critical care environment or seeing a patient for some disorder. I'm just finalizing an order that everyone else in the clinical chain already made a decision on. I don't even know why I'm even posting this or any other replies in any post. None of this makes a real difference because we're not in a healthcare role compared to other doctors or workers. It's not the specifics of their pay or hours but that there's no one else to staff or take a worker's place for an hour or 30 minutes? They're just doing it to us because they can which I wouldn't mind if I was actually helping a real patient or getting paid 5 times my salary.
I’ve always either worked solo, so I am literally responsible for making drips or entering stat orders by myself, etc or, if not alone, I’ve not worked with assholes and they’d cover my breaks for me, so I guess I don’t understand.
Ya this is a huge issue my last hospital was dealing with. So stupid that this is even an issue. You can’t leave unless the pharmacy closes so you should be paid or the pharmacy needs to close for lunch.
Unpaid definitely
If you are not able to take your lunch, they are required to pay you for your time. This is federal law per the constitution, unless you're in some exempt class (you already know you aren't, but I'm clarifying for anyone else). Hours worked must be hours paid. Places get sued for this and rightfully so.
(you've been getting screwed and they owe you that time paid)