89 current and former employees file lawsuit against Faxton-St. Luke's Healthcare

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By JOLEEN FERRIS

Story Created: Nov 13, 2008 at 1:21 PM EDT

Story Updated: Nov 13, 2008 at 1:21 PM EDT

UTICA, N.Y. (WKTV) - 89 current and former employees of Faxton-St. Luke's Healthcare are suing the healthcare provider, claiming the healthcare organization's payroll system automatically and repeatedly deducted 30 minutes for lunch periods that the busy healthcare workers never took.

Attorneys with the Rochester law firm that is representing the employees say that, once you include the interest that's allowed by law, the damages could add up.

"A total for the lawsuit is very hard to estimate but based on the number of employees and based on our investigation so far we believe that the damages will result into the millions of dollars for the hospital to owe these employees," says attorney Patrick Solomon of the firm Dolin, Thomas & Solomon.

Lawyers with the firm held a news conference this morning at the Hotel Utica. They say others who are interested in finding out if they can be included in the class action suit can contact the firm.

Officials with Faxton-St. Luke's Healthcare say that they value the dedication of their staff and strive to meet their commitments to their employees, but cannot comment specifically on the lawsuit because they have not yet seen it.

Attorneys with Dolin, Thomas & Solomon say they filed the suit electronically this morning with U.S Federal Court for the Northern District of NY. They will serve Faxton-St. Luke's Healthcare in the near future.

 

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Wednesday, Nov 19 at 9:24 AM rediculous wrote ...

I agree "Not a Lawyer", but, life in reality has more than 2 sides..it is a blend, multifaceted, and endless accounts of good deeds. Sometimes not all deeds need a reward. I know this is a job for pay, but sometimes a few minutes, even those that mount up, can be actions of good deeds, especially if missing a lunch meant holding a hand of someone dying, critical, or just in need of kindness.

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Monday, Nov 17 at 7:07 PM Not a Lawyer wrote ...

There is probably truth on both sides. I am sure the leaders at the hospital are not evil people plotting against anyone. On the other side of the coin I am sure some people are owed money. Anyone who has ever worked in this industry knows you often do not get lunch. If you work during it you get paid. That is the law. Polices are easy to write but often difficult to implement. Many suits are ridiculous but be thankful for this system. It is the only thing keeps many companies in line.

12436379 Inappropriate? Alert Us!

Sunday, Nov 16 at 8:34 AM Rediculous wrote ...

Nurses today should realize what the term "Nurse" means and realize, as a retired nurse myself, it is not about the money, as this is why they go into it today, it is about the caring---NOT what I have witnessed at St. Lukes. Paid for lunch? I never did and didn't care...Just take one look at the ER....and management there....what a joke

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Saturday, Nov 15 at 2:05 PM Paul wrote ...

Sounds like people can't handle themselves- If all you have to do is tell your nurse manager or whomever that you didnt take a lunch and fill out a sheet to get paid, the employees should be responsible for their own actions. The Mohawk Valley has a big shortage of Doctors, Nurses, and the like, and even though I am not a fan of St. Lukes, we cannot afford to lose all these beds. We can't lose another hospital after losing Faxton and MVGH. People may die just from having to go so far for care.

12354639 Inappropriate? Alert Us!

Friday, Nov 14 at 10:41 PM RC wrote ...

The dumbbell that stated he hope the hospital goes out of business please realize it is one of the biggest employers in Oneida Co., that would be great for thriving central NY economy. People like Frankfort resident should take up residents in another area.

12338749 Inappropriate? Alert Us!

Friday, Nov 14 at 5:41 PM YTMND wrote ...

Sue them crazy people. Then they can file chapter 11 and you can be out of a job. I'd work for them anytime and never take a lunch. And after all the Attorney's fees are paid you'll get what? Ever see a class action lawsuit? The Plaintiffs get hardly anything........Your one weakness!!!!!!!!

12328309 Inappropriate? Alert Us!

Friday, Nov 14 at 4:31 PM Anonymous wrote ...

Employees getting the shaft. This is nothing new. Every employer will try everything they can to give you the bare minimum. Its the nature of the beast. Unless you're loaded, you will get the shaft in this money sucking greedy world.

12324774 Inappropriate? Alert Us!

Friday, Nov 14 at 1:46 PM Frankfort Resident wrote ...

I still hope that this hospital goes broke. I'd rather go to St E's instead.

12315074 Inappropriate? Alert Us!

Friday, Nov 14 at 1:27 PM Take it or leave it wrote ...

Where I work you dont get paid for 1/2 hr of the day that is required you take. If you work through it thats your problem. Who do you think is going to pay for any monies these people get out of this ?

12313964 Inappropriate? Alert Us!

Friday, Nov 14 at 12:26 PM employee wrote ...

I know the nurses and other staff are very busy but managment at the hospital always stresses the importance of taking thier breaks and lunches and I know converage is always offered.

12310274 Inappropriate? Alert Us!

Friday, Nov 14 at 12:21 PM REPLY TO FRANKFORD RESIDENT wrote ...

And if the hospital goes broke who is going to take care of all these patients? Do you even realize the amount of people that rely on the hosital for their care. Just look at all the patients that recieve their cancer and dialysis treatments at this hospital. I do not want to have to drive any farther then I already do for quality healthcare that is given at Faxton St Luke's. I think you need to do your homework before you speak about something you have no clue about.

12309949 Inappropriate? Alert Us!

Friday, Nov 14 at 11:46 AM Pepe Ed wrote ...

Thing might have changed since I was involved in labor laws, but as far as I know, at the end of 6 hours, it is state mandated, if not federal, 20 minutes must be taken.

12307764 Inappropriate? Alert Us!

Friday, Nov 14 at 11:46 AM HARTFORD TAXPAYER wrote ...

HARTFORD INSURANCE BEING SUED BY EMPLOYEES: Website: http://www.courant.com/business/hc-thehtfd1114.artnov14,0,3087183.story

12307739 Inappropriate? Alert Us!

Friday, Nov 14 at 11:12 AM Anonymous wrote ...

The employees chose to skip lunch, everywhere I have ever worked you have lunch taken out no matter what. if you don't take lunch that is your problem. i have a relative that is a nurse at St. Lukes and I know she does not support this lawsuit. As for the 12 hour shift goes, most of them only work 2 or 3 12 hour shifts per week and that is not an issue. yes they are understaffed but that is an industry problem not just for faxton st. lukes. Why would anyone sue the hand that feeds them?

12305664 Inappropriate? Alert Us!

Thursday, Nov 13 at 10:58 PM YTMND wrote ...

I'm gonna sue all the staff who stand out on the curb in their "surgical scrubs" booties and all and smoke. Do you nurses change into clean clothes after? Tracking in all the germs and then operating on me. When I get a nosocomial infection...you bet your bottom I'm getting names. It will be your one weakness!!! BTW WASH your hands too!!!!!

12290034 Inappropriate? Alert Us!

Thursday, Nov 13 at 10:30 PM Karma..... wrote ...

If that hospital goes broke.....MANY people will be out of a job and there will be less healthcare for our families in this area. You really should not wish the worst upon people.

12289149 Inappropriate? Alert Us!

Thursday, Nov 13 at 10:14 PM previous employee..... wrote ...

Having worked in this organization, I KNOW that the administration there STRESSES that if you do work through your lunch, fill out a PEAR sheet and turn it in to get paid for your lunch. I had done it many of times. The HR office at FSLHC stresses highly in Orientation and throughout the organization that it is your responsibility to fill out the proper reports to get paid. Again, I will state, I did, and was paid for the lunches I worked through.

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Thursday, Nov 13 at 10:01 PM Family Member wrote ...

The nurses and technicians are unionized, there has been no greivences. The cafeteria is always full of employees, and if you drive by you can see employees outside smoking. In most organizations if you tell your manager you worked through your lunch you are compensated. It's all hearsay, how can employees prove that they worked through a lunch 5 years ago. Let the Hospital get back to taking care of patients, a million dollar lawsuit is going to any patients get better.

12288254 Inappropriate? Alert Us!

Thursday, Nov 13 at 9:51 PM Patients Family wrote ...

Another person looking for a quick buck, this law firm has started this game in buffalo and is working across the state. Faxton St. Luke's doesn't mandate over time, and is one of the few hospitals in the state that doesn't. The Nurses prefer 12 hour shifts, thats why the work them they also offer 7.5, 9.5, 10, 11, 12.5 hour shifts. Takeing breaks is the resopsibility of the employee, most organizations including the state deduct from wages for breaks. Patients need to come first.

12288014 Inappropriate? Alert Us!

Thursday, Nov 13 at 6:24 PM Sue wrote ...

Faxton St. Luke's is a great place to work and I'm sure that once a complete investigation is done, the right thing will be done. I will never work for anyone else - they are top notch at attempting to please their employees. We live in a sue-happy society, people - stop trying to get ahead by making negative press. If they owe you money, they'll make good on it.

12280249 Inappropriate? Alert Us!

Thursday, Nov 13 at 4:11 PM sick and tired wrote ...

Sounds like another large business trying to screw over the employees... Where are thte state/federal auditors?

12273779 Inappropriate? Alert Us!

Thursday, Nov 13 at 3:34 PM visitor of a patient / and been a patient wrote ...

the Nurses do not have Time to Break for Lunch Because of the Shortage of Help and the Needs of the patient's in the Hospital needing care. it is affecting the Quality of care Hire more Nurses, no more mandatory over time no more 12 hour days. tired Nurses make mistakes Hire more Nurses So patient's get the Quality care their paying for. (example Waiting with a call light on for a 1/2 hour or more because the nurses are so busy)

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Thursday, Nov 13 at 3:07 PM Frankfort Resident wrote ...

Well there goes that. I hpe they win and hope that the hospital goes broke!

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