Angela Valcho worked with Parkland Health & Hospital System as a specialized nurse for seven years in the neonatal intensive care unit. The Dallas Business Journal reports that the woman would often work three to four 12-hour shifts per week, with 30-minute meal breaks automatically deducted from her pay by a computer system.
Legal trouble arised when Ms. Valcho claimed that she didn't get to take her full meal breaks on half or more of her work shifts because supervisors frequently called her to duty. She hired an employment lawyer and filed a lawsuit back in November 2007. In the suit, she alleged that she was required to work "off the clock" during what should have been meal break time under the Fair Labor Standards Act.
Yet, a federal jury in Dallas didn't see eye-to-eye with Ms. Valcho on this particular case. On February 26, the jury returned a verdict in favor of Parkland Health & Hospital System. The recent decision leaves many labor activists and Texas employment lawyers in the dust, as the Fair Labor Standards Act is supposed to give certain legal rights to employees when it comes to wages.
"Obviously we're disappointed in the verdict, but that's the way jury trials are sometimes," said Alan Crone, the employment lawyer that represented Ms. Valcho.
InjuryBoard.com reports that lawsuits over unpaid overtime are particulary on the rise in North Texas, with an increase of almost 90 percent in the past decade. In 2007, over 311,000 employees throughout the nation collected approximately $163 million in overtime back wages.
Related Resources:
- Employee Rights under the Fair Labor Standards Act (FindLaw Knowledgebase)
- Wage and Hour Laws FAQ (FindLaw)
- Texas Employment Lawyers Directory (FindLaw)
