As a Texas attorney who has represented hundreds of workers and recovered millions of dollars on their behalf, I’ve seen firsthand how employers cut corners when it comes to paying workers what they are legally owed. One of the most common — and overlooked — violations I see occurs in the healthcare industry, particularly among nurses and other frontline medical staff.

A recent federal appellate court ruling, Micone v. Levering Regional Health Care Center, LLC, shines a spotlight on this issue — and it’s a wake-up call for nurses.

The Case: Nurses Forced to Work Through Lunch Without Pay

In Micone, the U.S. Department of Labor sued a healthcare provider that automatically deducted 30 minutes of pay each day for meal breaks, even though it knew or should have known that many of its nurses routinely worked through those breaks. The employer had a so-called “policy” in place for reporting missed meal breaks — but the court found evidence that this policy wasn’t clearly communicated, and in practice, employees were never compensated for working during lunch.

The appeals court reversed a lower court’s decision that sided with the employer, holding that there was enough evidence for a jury to find the company liable under the Fair Labor Standards Act (FLSA). That includes testimony from nurses who said it was impossible to take a break because no one could cover for them, and records showing that no lunch break adjustments were ever made during the audit period — despite hundreds being submitted shortly afterward.

Why This Matters for You

If you’re a nurse or healthcare worker in Texas, there’s a good chance your employer automatically deducts meal breaks — even when you’re not truly relieved of your duties. Whether you’re answering patient calls, monitoring vital signs, or charting medical records during your “break,” you are legally working and may be entitled to back pay, including overtime.

You may not have been told how to report missed breaks. You may have been discouraged from speaking up. None of that excuses your employer’s responsibility to pay you for all time worked.

Know Your Rights — And Take Action

This case is part of a growing trend. Nurses and healthcare workers are standing up and demanding to be paid fairly. I want to help you do the same.

If you’re a nurse or healthcare worker in Texas and have experienced automatic meal break deductions while continuing to work, contact me today. We can have a free, confidential consultation about your rights under the FLSA. You may be entitled to back pay and damages — and you’re not alone.

I’m attorney Josh Borsellino, and I fight for hardworking Texans. Let’s hold your employer accountable.

📞 Call or text: 817-908-9861
📧 Email: josh@dfwcounsel.com
🌐 www.dfwcounsel.com