4 Nurses Say Hospital Forced Off-the-Clock Work and Unsafe Staffing, File Lawsuit

According to a complaint filed in Illinois federal court on August 15, four nurses — Tricia Poreda, Juline Patlan, Karen Hernandez, and Jessica Balagtas — allege that Endeavor Health violated federal and state wage laws by failing to pay them for required pre-shift duties, stays after scheduled hours, and breaks they were unable to take.

Nurses Say They Were Forced to Work Off-the-Clock

The nurses say they were routinely told to arrive 30 minutes before their shifts to complete essential but unpaid tasks — such as reviewing assignments and checking on patients — and then had to remain up to two extra unpaid hours after shifts to finish additional responsibilities.

The complaint states, “By understaffing its hospitals’ critical units, Endeavor required plaintiffs and other nurses to regularly work beyond their scheduled shifts to complete patient care responsibilities, including but not limited to administering medication, charting, patient transfer, etc.”

Claims of Unsafe Understaffing

The nurses argue that this isn’t simply a wage issue — it’s also a patient safety issue.

In their filing, they allege that intentional understaffing not only forced nurses into unpaid overtime but also undermined care quality.

According to the complaint, “These wage violations emerge from the hospital intentionally understaffing nurses to cut costs, which both compromises patient safety and requires plaintiffs to work without compensation to adequately complete their job responsibilities.”

The nurses also said 30-minute unpaid meal breaks were regularly interrupted by patient needs, meaning that time should have been compensated as work performed.

The allegations point to violations of the Fair Labor Standards Act (FLSA), the Illinois Minimum Wage Law, and the Illinois Wage Payment & Collection Act.

Alleged Retaliation Over Unionization Talks

The lawsuit also includes a separate claim by Jessica Balagtas, who said she was retaliated against for discussing unionizing with her coworkers.

According to the complaint, Endeavor’s assistant vice president of employee relations, Joyce Milewski, called Balagtas into a meeting on April 4 after hearing she had texted colleagues about management. Balagtas claims Milewski demanded her phone, and when she refused, Milewski took it and searched through the private messages.

“By searching Balagtas’ cellphone and reading her text messages, Endeavor, through its agent Milewski, made an intentional intrusion into Balagtas’ private affairs. A reasonable person would be highly offended by their employer’s human resources officer searching their cell phone’s text messages without consent.”

Balagtas says the encounter triggered a panic attack, and soon after, she was fired. She is also suing for intrusion upon seclusion, and seeking compensatory and punitive damages against Endeavor Health and Milewski.

Why This Matters for Nurses Everywhere

Cases like this strike at the core of widespread frustrations among nurses: increasing patient loads, missed breaks, and unpaid time. While off-the-clock work has been normalized in many hospital systems, wage and hour laws clearly require that all time spent caring for patients be compensated.

Nurse.org will continue to update this article as more information becomes available.

 

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