my employer tells me that I'll be subject to disciplinary action because I do not punch out and then back in for a 30 minute meal break. I am a nurse and work the 3pm to 11pm shift. I am the only nurse on the unit I work on and cannot leave the floor because there is no other licensed nurse to cover for me. They've told me I must punch out for 30 minutes according to law, if I do punch out for 30 minutes, I still have to stay at the nurse's desk to answer the phone, speak with family members, take care of pharmacy deliveries, etc. I've told the employer and payroll person that I'm still working and that it is too busy for me to actually leave the floor and take a real break. Can they do this? I refuse to leave my patients unattended.
Here is MA law on the subject. There are a few exceptions, and those follow. I suggest you print this information out, and discuss it with your management or HR. I suppose a compromise would be to have someone keep an eye on things while you're enjoying your break. If an emergency were to break out, the caretaker could page, text, or telephone you.
In fact, you don't have to be that far away from your station. If I were you, I'd find a way to compromise.
Your employer has no choice in the matter, and neither do you. So, discuss it, and come to a happy medium.
Meal Breaks
Massachusetts law states that employees must receive a 30-minute break after six hours of working. An employee must be free to leave the workplace during the break. An employee can voluntarily give up the meal break, but must be paid for all hours worked. Compensation for the 30-minute meal break must be paid if the employee has voluntarily agreed to waive his or her meal break by (1) working through his or her meal break, or (2) remaining on the premises at the request of the employer during the meal break. The break period may be unpaid. Certain exemptions from this requirement can be found in M.G.L. c. 149, s. 101.
Section 101. The preceding section shall not apply to iron works, glass works, paper mills, letterpress establishments, print works, bleaching works, or dyeing works; and the attorney general, if it is proved to his satisfaction that in any other factories or workshops or mechanical establishments it is necessary, by reason of the continuous nature of the processes or of special circumstances affecting such establishments, including collective bargaining agreements to exempt them from the preceding section and that such exemption can be made without injury to the persons affected thereby, may grant such exemption as, in his discretion, seems necessary.
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