Nurse alleges New York hospital denied breaks, overtime pay

A nurse is suing Schenectady, N.Y.-based Ellis Hospital, alleging the hospital has broken state and federal law by denying lunch breaks and withholding overtime pay, according to The Daily Gazette.

Denise Davella filed the lawsuit last week in the U.S. District Court for the Northern District of New York in Albany, N.Y. 

She claims Ellis Hospital required her and other employees to be on duty or available during meal breaks, but still deducted the 30-minute break from their shifts, meaning they were not paid for the time. Working through breaks also pushed employees' work weeks above 40 hours, but they were not paid overtime wages for any excess hours, the lawsuit claims. 

Ms. Davella's lawyer is seeking a jury trial and class-action status on behalf of hundreds of other hospital employees. 

Ellis Hospital did not comment on the pending litigation but said it was compliant with all labor regulations in an emailed statement to The Daily Gazette.

"Speaking generally, Ellis Medicine respects and adheres to state and federal labor laws," the hospital said. 

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