New Rx: Limited Overtime In Health Care
The General Assembly recently passed, and Governor Rendell has just signed a bill into law, which will prohibit mandatory overtime for nurses, except in very limited situations.
The new law (HB 834, PN 4510) is known as the "Prohibition of Excessive Overtime in Health Care Act." It was signed by the Governor on October 9, 2008 and takes effect on July 1, 2009. The bill affects employees in health care facilities or those employed by the Commonwealth or political subdivisions if the employees are involved in direct patient care or clinical services, or receive an hourly wage, or are classified as nonsupervisory employees for collective bargaining purposes. The term includes individuals employed through a personnel agency that contracts with health care facilities. Health care facilities include a broad number of profit and non-profit institutions.
The new law excludes physicians, physician's assistants, dentists or workers involved in environmental service or other job classifications not involved in direct patient care.
Health care employees may work overtime if there is an "unforeseeable emergent circumstance." That term is defined to include:
- National, state or municipal emergencies;
- Highly unusual or extraordinary events and requires or increases the need for health care services; and
- Unexpected absences discovered at or before the commencement of a scheduled shift.
Even in an "unforeseeable emergent circumstance" an employee must be given up to one (1) hour to arrange for child, elder or disability care.
Prohibited Overtime would include mandatory hours in excess of an agreed to or predetermined shift. Voluntary overtime is permissible. Compensated "on-call" time may be used as a substitute for mandatory overtime.
If an employee works more than twelve (12) consecutive hours the employee must be given at least ten (10) consecutive hours of off-duty time immediately after the worked overtime. This provision may be waived by the employee.
The law becomes a floor for collective bargaining purposes, but better hours may be negotiated.
Regulations will be implemented within eighteen (18) months of the effective date of the law.
Violations carry a fine of between $100 and $1,000 dollars. The Department of Labor and Industry will administer the new law.
Bottom Line: This is only a summary of the new free-standing law. It does not amend current existing wage and hour laws. Contact us with questions or for more specifics on its application to your situation.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
