Employer Liability for Unreported Time

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist Memorial Health Care Corp. (11/6/12)

The Court found in favor of the employer for the following reasons:

1. The hospital policy regarding meal breaks was in the employee handbook provided to the nurse during her new employee orientation and stated that an unpaid meal break was automatically deducted from pay checks if working a shift of six hours or more.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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