Clock out for a break

I work as a nurse in an inpatient drug/alcohol rehab. Is it legal for them to force us to clock out for a break without a break?

i am a nurse at this drug/alcohol Tx. Center in Malibu. When on shift, the nurse deals with 64 clients to one nurse. The company faults up if we do not clock out for a break, but none of us nurses get breaks. The Co. For sea us to clock out in for a 30 minute break that we can't take. There is simply way too many clients and too much to do. We (nurses have asked for a second nurse to be on shift, at least at med prep and med administration. I seriously pre pack and give up to 5 mess for about 50 clients, plus all the unforeseen things that come up with this population from emotional drama to wounds from different activities, etc. I am currently on medical leave for burnout and exhaustion because I have not had a real break for months. My co-workers have asked me to get a lawyer to "save us

Nathan’s Answer

In a class action lawsuit, Gerard v. Orange Coast Memorial Medical Center, a month or so ago, the California Court of Appeals invalidated a wage order to the extent it allows healthcare employees to waive one of the meal breaks on shifts longer than 8 hours as required by the Labor Code. Normally, Labor Code section 512 forces employers to provide employees with 2 meal periods for work shifts lasting longer than 12 hours. But the Industrial Welfare Commission wage order authorizes employees in the healthcare industry to waive one of the two required meal periods on shifts longer than 8 hours. This was struck down showing an intent by the judiciary to protect healthcare workers from abusive tactics that reduce break time for healthcare workers in favor of these hospitals.

Here, forcing you to clock out, but forcing you to continue work, is not even allowing you to take one break depending on how long your shifts are. You need to speak to counsel immediately.

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