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Complete Unanimous Federal Jury Verdict Obtained on Nurse’s FLSA Claim

Following a three-day trial in federal court in Dallas, the jury unanimously rejected a nurses’ claim for unpaid wages under the Fair Labor Standards Act against our client Dallas County Hospital District/Parkland Health & Hospital System.  The nurse received an unpaid 30 minute meal break every day, which was automatically deducted from her time record, but she claimed she did not get to take her full meal breaks because supervisors frequently called her for assistance.  The plaintiff initially sought to represent a class consisting of hundreds of nurses but we defeated the plaintiff’s motion for class certification.  The nurse was allowed to proceed on her own claims but the court granted our motion for summary judgment on most of the workweeks at issue, leaving only 18 workweeks to be addressed at trial.  After trial, the jury found that the plaintiff failed to show that she was prevented from taking her meal breaks and issued a complete defense verdict.

Valcho v. Dallas County Hospital District, 574 F.Supp.2d 618 (N.D. Tex. 2008); 658 F. Supp. 2d 802 (N.D. Tex. 2009).


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