By Kim Gale  |  December 6, 2016

Category: Labor & Employment

nurse workingFifty-three nurses are accusing Twin Cities Community Hospital of committing California labor violations.

The nurses have filed an administrative claim, which is a step away from a civil lawsuit.

The claim alleges the nurses are unable to take legally mandated breaks because Twin Cities is understaffed.

Although supervisors told the staff to take their breaks even if it means walking away from patients, nurses say such actions put the patients at risk of harm and place their own nursing licenses in a vulnerable position as well.

The hospital is accused of not providing enough coverage to keep the areas continually properly staffed.

Hospitals must maintain a nurse-to-patient ratio of 3 to 1 at all times, according to California law.

Hospital Previously Accused of California Labor Violations

In July 2014, the California Labor Commissioner’s Office awarded $32,000 to a Twin Cities nurse who had repeatedly missed rest breaks because of understaffed conditions.

The Commissioner’s Office also reported “the hospital retaliated against nurses who exercised their right under California law to receive premium wages for missed breaks.”

A lawsuit that nine nurses filed in March 2015 also accused Twin Cities of California labor violations.

That claim said, “The hospital is drastically understaffed, which means that nurses are unable to take state-mandated breaks. Supervisors instructed nurses to take breaks by simply walking away from their patients without providing a ‘break’ nurse to ensure proper coverage.”

The 2015 lawsuit also said nurses usually worked three 12-hour days, but that the nurses were on call and told to leave early if the number of patients went below a certain number.

This practice deprived them of being able to count on a full paycheck.

That lawsuit said, “The purpose of this lawsuit is to change the culture of the Hospital so that nurses receive proper breaks and patients receive proper care.

This lawsuit is also about wage theft by a hospital that is more interested in lining its coffers than paying its nurses a fair day’s wage for a hard day’s work.”

Nurses Want to Protect Patients

The latest administrative claim echoes the sentiments that the understaffing is done to cut costs and maximize hospital profit.

In addition to not allowing state-mandated breaks, the hospital is accused of not paying nurses properly for years. Some nurses claim they have been told to work off the clock in order for the hospital to avoid paying overtime wages.

Wendy H. is one of the 53 nurses who filed the latest claim against the hospital over California labor violations.

She started her career there in June 2010 and said their number one goal as nurses is to provide the patients with safe care.

“We are a small community. We provide care for our neighbors, friends and family and optimum patient outcome is our goal as nurses,” said Wendy. “It has been difficult for us to do that because we have not had adequate staffing. We have repeatedly gone to management administration to bring concerns about our staffing ratios. They have stonewalled us, so we are taking action.”

Wendy further stated, “We simply do not have enough hands or eyes to provide the quality of care our community deserves. It is disheartening to know that they knowingly and willfully didn’t supply us with enough staff to take breaks.”

Twin Cities Community Hospital is owned by Tenet Health.

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