Immediate Release

Parkland wins lawsuit filed by former nurse

DALLAS - A federal jury unanimously rejected Fair Labor Standards Act (FLSA) claims by a former Parkland Health & Hospital System nurse. The lawsuit, filed in November 2007 by Angela Valcho, alleged that Parkland failed to pay the nurse for time worked during meal breaks. However on Feb. 26, the jury found against the nurse on her claim for unpaid wages. Based upon the jury's finding, the Court entered final judgment for Parkland. "At Parkland, our employees are one of our most valuable assets, and we work very hard to make sure that every employee is paid for all of the work they do," said Michael Silhol, Parkland general counsel. "We appreciate that the jury recognized Parkland's commitment to this. The Court made the correct judgment." Valcho was a specialized nurse who for seven years worked in Parkland's Neonatal Intensive Care Unit (NNICU). The NNICU assists with high-risk childbirths and provides specialized care for premature and otherwise distressed infants. As an hourly employee, Valcho generally worked three to four 12-hour shifts per week, with 30 minutes for each meal break automatically deducted for pay purposes by a computer system. Such automatic deduction systems are commonly used and are generally allowed by federal regulations. Nurses are allowed to pick the time when they take this break. But Valcho claimed she did not get to take her full meal break on half or more of her work shifts because supervisors frequently called her to duty or other nurses asked for assistance. The Court ruled that there were only 18 specific workweeks that the jury could consider. The NNICU documents Parkland introduced as evidence demonstrated that Valcho could not have missed the meal breaks as alleged during those weeks. Valcho initially sought a class action lawsuit, representing hundreds of other nurses at Parkland whom she alleged to have been required to work "off-the-clock" during what should have been meal break time under the FLSA. But in 2008, the Court refused to certify the case as a class action. The Court allowed Valcho to go forward only on her individual claims. Parkland was represented by Michael Abcarian, managing partner of the Dallas office of Fisher & Phillips LLP, a law firm that specializes in labor, employment, civil rights, employee benefits and immigration law. Abcarian was assisted by associate attorney Paul Lanagan.

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