Nurse Reaches Settlement With NC Hospital Over Unpaid Meal Breaks
- Nurse Denia Wilburn filed a lawsuit against Onslow Memorial Hospital in North Carolina for deducting meal breaks from pay that were not taken or interrupted.
- The settlement includes 32 non-exempt nurses, assistants, and technicians who worked overnight shifts in the maternity unit.
- Workers will receive one hour of pay for every two-week period worked.
In May, Registered Nurse Denia Wilburn filed a collective and class action lawsuit against Onslow Memorial Hospital Inc. for unlawfully deducting meal breaks from pay. Since the initial filing, an additional 31 staff members have been added to the lawsuit.
On January 2, 2026, U.S. District Judge Terrence W. Boyle granted preliminary approval to a proposed $75,000 settlement, after the parties moved for approval on Dec. 12, 2025. The settlement included 32 non-exempt nurses, assistants, and technicians. The staff worked overnight shifts in the hospital’s maternal-child unit between August 2023 and September 2025.
“The proposed settlement is within the range of possible final approval,” Judge Boyle wrote in his order.
According to the complaint, healthcare workers had unpaid overtime and off-the-clock work, violating both federal and state wage laws.
Settlement Payout
The settlement has received preliminary court approval but still needs final approval before payments can begin. Employees involved in the settlement would receive one hour of pay, representing two missed meal breaks, for every two-week period worked. Each employee's payout is capped at $2,000.
Under the proposed $75,000 settlement, $55,000 would go to participating workers and $15,000 to attorneys’ fees and litigation costs; the remaining amount would cover other settlement-related costs. Wilburn was represented by Carl A. Fitz of Fitz Law PLLC and Bert Joseph Miano of Miano Law PC.
Onslow Memorial Hospital
Onslow is a 162-bed acute care hospital located in North Carolina, serving the city of Jacksonville and greater Onslow County. Founded in 1944, it has received numerous awards and accolades, including Best of the Best from several healthcare organizations.
What This Means for Nurses
The federal Fair Labor Standards Act (FLSA) establishes baseline wage and overtime protections, including the requirement to pay overtime (time‑and‑a‑half) for most non‑exempt employees who work more than 40 hours in a workweek. While federal law does not require employers to provide meal or rest breaks, it does require that employees be paid for all time worked.
Under the FLSA, unpaid meal periods are permitted only when employees are completely relieved of duty. If a nurse works through a meal break, remains on the unit, or is interrupted to perform job duties, that time is generally considered compensable and must be paid. Automatic meal-break deductions are not unlawful by themselves, but employers must have a reliable process to ensure employees are paid when a break is missed or interrupted.
Wilburn’s lawsuit alleged that Onslow Memorial Hospital automatically deducted 30 minutes per shift for meal breaks even when nurses were required to stay on the unit or respond to patient needs, resulting in unpaid work time.
Nurses and other healthcare professionals are encouraged to regularly review their timecards to ensure all hours worked are accurately recorded and paid, particularly when working long shifts or overtime. If a meal break is missed or interrupted, employees should follow their employer’s reporting procedures and notify a supervisor or payroll department. When internal reporting does not resolve pay concerns, workers may consider contacting a state or federal labor agency or consulting an employment attorney who handles wage-and-hour cases.
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