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Avalon Health Care Facilities Overtime and Meal Break Class Action

Nursing care can be demanding, but companies must still compensate nursing workers properly. The complaint for this class and collective action brings suit against Avalon Health Care Hearthstone, LLC, Avalon Health Care Royale Gardens, LLC, and Staffers, LLC, on behalf of hourly, non-exempt nursing personnel. It alleges that these workers were not paid at least minimum wage for all hours worked and were not given proper meal breaks as required, violating both Oregon state laws and the federal Fair Labor Standards Act (FLSA).

The Collective Action Class is all current and former non-exempt, hourly employees of the defendants in this case working as registered nurses, certified nursing assistants, nurse’s aides, caretakers, and other such positions throughout the US, between May 5, 2018 and the resolution of this action.

The Class Action Class is all current and former non-exempt, hourly employees, including but not limited to registered nurses, certified nursing assistants, or other employees with similar patient care positions, employed by the defendants in this case in Oregon, between May 5, 2015 and the resolution of this action.

Avalon Hearthstone owns a facility in Medford, Oregon, and Avalon Royale owns one in Grants Pass, Oregon. For the past six years, plaintiff Tina Alonzo Estrada has worked at these locations as a certified nurse’s assistant, where she was placed by Staffers. As a non-exempt employee, she has been paid $21 an hour for her regular duties, or $30 an hour when she works on a Covid-19 care floor.

Normally, the complaint claims, health care facilities employ enough staff to allow some to take their required rest breaks while turning patient care over to others. But the complaint calls the two facilities in question “critically understaffed.” Nursing workers such as Estrada “are therefore unable to take compliant meal breaks while providing the proper supervision and medical care patients need.”

The complaint alleges Estrada “is routinely subject to interruptions during attempted meal breaks, and in fact is interrupted [at] or denied meal breaks on a regular basis.” While companies are allowed to do this, they are required to compensate workers for this with additional pay.

But in this case, the complaint alleges, the companies “fail to pay them the required premium pay.” Even worse, when employees are interrupted during their meal breaks are interrupted or are not allowed to take meal breaks at all, the complaint says, the companies “employ a policy and/or practice of automatically deducting thirty minutes of pay” from the employee’s workday. The employees are not permitted to fix this inaccuracy afterwards.

The complaint contends, “This results in [the companies’] non-exempt, hourly employees performing off-the-clock work, including overtime work, which goes unrecorded and unpaid by [the companies], in violation of the FLSA.”

All this violates Oregon law as well, the complaint says: “If an employee is not relieved of all duties for 30 continuous minutes during the meal period, the employer must pay the employee for the entire 30-minute meal period.”

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Avalon Health Care Facilities Overtime and Meal Break Complaint

May 5, 2021

Nursing care can be demanding, but companies must still compensate nursing workers properly. The complaint for this class and collective action brings suit against Avalon Health Care Hearthstone, LLC, Avalon Health Care Royale Gardens, LLC, and Staffers, LLC, on behalf of hourly, non-exempt nursing personnel. It alleges that these workers were not paid at least minimum wage for all hours worked and were not given proper meal breaks as required, violating both Oregon state laws and the federal Fair Labor Standards Act (FLSA).

Avalon Health Care Facilities Overtime and Meal Break Complaint

Case Event History

Avalon Health Care Facilities Overtime and Meal Break Complaint

May 5, 2021

Nursing care can be demanding, but companies must still compensate nursing workers properly. The complaint for this class and collective action brings suit against Avalon Health Care Hearthstone, LLC, Avalon Health Care Royale Gardens, LLC, and Staffers, LLC, on behalf of hourly, non-exempt nursing personnel. It alleges that these workers were not paid at least minimum wage for all hours worked and were not given proper meal breaks as required, violating both Oregon state laws and the federal Fair Labor Standards Act (FLSA).

Avalon Health Care Facilities Overtime and Meal Break Complaint
Tags: Employment Violations, FLSA, Failure to Allow for/Figure in Break Time, Unpaid Overtime