Healthcare facilities are increasingly becoming targets of
collective action lawsuits under the Fair Labor Standards Act
(FLSA). Several recent lawsuits in Texas have challenged
timekeeping practices related to meal breaks. For example, in a
complaint filed against St. Luke's Episcopal Health System in
Houston, a former nurse alleged the hospital deprived her of
overtime by automatically deducting 30 minutes for meal
breaks.
These FLSA lawsuits directly attack automatic deduction
practices and suggest employers should require employees to clock
out for meal breaks and then clock in before resuming work. The
plaintiffs further contend that nurses never receive bona fide meal
breaks because they allegedly are required to remain responsible
for patient care throughout their meal breaks, interruptions
abound, and they are required to carry phones or electronic devices
even while on breaks. Under the theory promoted in these recent
lawsuits, healthcare facilities should
