Replacement Nurses Win $1.7M Class Action Settlement with U.S. Nursing Corp.
By Jessica Tyner
Wage & hour lawsuits are gaining success in all industries, with healthcare winning an especially important recent battle. Instead of fighting the claims, the U.S. Nursing Corp. quickly settled for $1.77 million, choosing to accept the fines and move forward without more trouble. According to numerous plaintiffs, the corporation didn’t pay replacement nurses who stepped in when the permanent nurses were on strike. These nurses didn’t receive compensation for meals, travel, and they were paid weekly when they should have been paid daily.
Time commuting between hotels and the hospital is legally covered, and the class action lawsuit accused the U.S. Nursing Corp. of violating wage and hour law by failing to pay for this time. One plaintiff, Shameka Bolton, also brought up the fact that nurses were being docked 30 minutes per shift for lunch breaks — time that should also be covered. Over 2,500 nurses were involved in this wage & hour class action lawsuit, which was settled at lightning speed. There were an additional 500 wage & hour victims who “only” suffered from docked meal times.
Money Saving Gone Wrong
In countless wage & hour lawsuits around the country, there’s one common thread: It seems many companies try to save money by shaving 30 minutes off of employee’s time card when lunches are often covered. Perhaps this is a money-saving tactic, but it’s not worth the risk. When it comes down to it, doing the right thing and paying employees for a 30-minute lunch is much more affordable than risking a massive wage & hour class action lawsuit settlement that can reach the millions.
From the recent McDonald’s time-shaving class action lawsuit to the New York Department of Education wage & hour settlement with cafeteria workers, more employees are becoming aware of their employers taking advantage of them. It’s even more heartbreaking in the nurses’ class action lawsuit, since these replacement nurses stepped up to the plate while permanent nurses were fighting for fair treatment. It’s difficult enough to uproot and live out of a hotel, but fighting to simply get paid fairly is a major blow. Unfortunately, that’s the situation many workers face daily.
What Wage & Hour Laws Cover
Employers can violate wage & hour law a number of ways, including by docking time for meals when that wasn’t the arrangement, not paying for commuting time if that was the arrangement, and not paying on time as per the agreement. It can also include not paying overtime, “fixing” employees’ time cards, calling employees independent contractors when they’re not, not paying minimum wage, illegal wage garnishment and toying with hours worked.
Unfortunately, there are probably many more wage & hour victims who don’t realize they qualify for a claim. Unless a person keeps an eagle eye on their time card, it’s easy to overlook a 30-minute paid lunch that was deducted. Never assume that a big corporation has pristine record-keeping skills. Anyone can be a victim of a wage & hour issue.
Were You Employment Rights Violated?
No matter what type of wage & hour dispute you have, or who you work for, if your compensation isn’t accurate, you may qualify for a wage & hour legal claim. The nuances of this law are many and it can seem difficult to untangle a history of shoddy time cards.
Help is available by visiting the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation. Submit your information, and if you have a case an attorney will contact you to discuss your free wage & hour claim review.
Updated May 27th, 2013
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Lunch deductions and unpayed travel times