Plaintiff’s Complaint alleges Defendants, Spring Valley Hospital Medical Center, et al. maintained a timekeeping policy in which all non-exempt hourly paid employees’ clock-in and clock-out times were rounded to the quarter hour. While rounding is permissible under both federal and state law, it is only allowed when the employee is not deprived of pay for work performed. Plaintiff alleges that Defendants’ policy disadvantages employees and deprives them of wages for recorded hours worked because it deprives employees of pay for work, they performed.
Additionally, Plaintiff alleges that she was required to carry an employer-provided mobile device (“Cerner Mobile Device”) used to communicate with co-workers, particularly physicians, nurses, and other medical staff, regarding patients under her care throughout Plaintiff’s entire shift, including during meal periods and rest breaks. Because Plaintiff continually received alerts, notifications, and physician calls, and because there was no way for Plaintiff to hand off or turn off the Cerner Mobile Device during her shift, she did not receive an uninterrupted meal period, nor did she receive a rest break in which she was completely relieved of duty.
Plaintiff’s lawsuit seeks damages in the form of wages owed for a period of three years immediately preceding the filing of the complaint – September 10, 2021, to the present – including compensation at 1 ½ times her regular rate of pay for all overtime hours worked, wages for missed/interrupted meal/rest periods, as well as 60 days penalty wages, attorneys’ fees and costs, and interest as provided by law.
If you work or have worked at Spring Valley Hospital Medical Center, Centennial Hills, Desert Springs, Henderson, Summerlin, Valley, or any Valley Health facility anytime between September 10, 2021, and the present, had your time rounded, performed work off-the-clock during meal periods or rest breaks, or have questions about meal and rest breaks, overtime pay calculations, or wage issues, please contact Thierman Buck immediately to discuss your rights.
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