Legacy Health, BOLI settle dispute over nurses’ breaks after 6 years

By Amelia Templeton (OPB)
May 1, 2024 12:07 a.m.

The Oregon Bureau of Labor and Industries has settled with Legacy Health over complaints related to rest and meal breaks for nurses.

BOLI and the nonprofit hospital system have been fighting over the fines for the past six years.

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Legacy Health has agreed to a $2.25 million fine for violating state law that dictates when workers are required to get meal breaks — roughly in the middle of an eight-hour shift. The fine also covers violations of a rule that employees receive 10-minute rest breaks every four hours.

Legacy will pay $1.25 million in the next month. BOLI has agreed to waive the remaining $1 million fine after three years if Legacy passes audits of its rest and meal break records.

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In 2018, the state said it would fine Legacy almost $5 million for the workplace problems. Legacy challenged the fines, suing BOLI in federal court. An appeal in that case was pending before the Ninth Circuit Court when the settlement was reached.

The settlement covers complaints at four legacy hospitals: Legacy Good Samaritan Hospital and Medical Center, Legacy Mount Hood Medical Center, Legacy Meridian Park Hospital, and Legacy Emanuel Hospital and Health Center.

In an emailed statement, a Legacy spokesperson said the nonprofit “is committed to ensuring that our employees receive all the meal and rest breaks they are entitled to so that they can better care for patients and avoid the high levels of burnout currently seen among healthcare workers nationwide.”

The state’s meal and rest break rules only apply if there isn’t a collective bargaining agreement in place.

“Maintaining fair and lawful employment practices, including providing appropriate meal and rest breaks, is fundamental to protecting the rights of workers,” said Christina Stephenson, Commissioner of the Bureau of Labor and Industries.

Legacy Emanuel Medical Center, Portland, Oregon.

Legacy Emanuel Medical Center, Portland, Oregon.

Courtesy of Legacy Health

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