Nurse sues Kettering Health over alleged unpaid overtime

Kettering Health's new health center in Centerville. Jim Noelker/Staff Photo

Kettering Health's new health center in Centerville. Jim Noelker/Staff Photo

A woman who worked as a registered nurse for Kettering Health’s Dayton Osteopathic Hospital has filed a class-action lawsuit against the network and hospital, saying that the hospital failed to pay overtime wages to nurses working through unpaid meal breaks.

The lawsuit was filed March 6 in the U.S. District Court for the Southern District of Ohio by Amy Murphy, who said that she was an RN with the Miamisburg hospital from February 2019 through December 2022.

When asked for comment, a Kettering Health spokesperson said, “Kettering Health respectfully denies the allegations in the complaint. We have no further comment on the pending litigation at this time.”

According to the suit, the hospital required its workers to take a daily, unpaid 30-minute meal break, but employees were often unable to actually take the break or otherwise were interrupted from it by work duties. Either way, the suit said, the hospital would deduct the 30-minute break from the hourly employees’ hours worked.

As a result, the suit alleges, Murphy and other healthcare employees were often not paid for the extra time worked, which would push their total hours over 40 hours per week and would need to be paid as overtime.

The suit adds that the hospital didn’t have a “legitimate and reasonable” way for workers to report missing or interrupted meal breaks.

The lawsuit is asking for Kettering Health and the hospital to pay for the unpaid overtime, as well as “other compensation, liquidated damages, interest and attorneys’ fees, and all other remedies available.”

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