FYI Mandatory overtime

  1. The May issue of nursing 2001 reports the following:

    "Legislation introduced in the U.S. House of Representative would bar employers from requiring licensed health care employees to work more than 8 hours per day or more than 80 hours in 2 weeks. The bill wouldn't restrict voluntary overtime and would still allow mandatory overtime in certain situations, such as natural disasters. The bill doesn't apply to physicians. We'll update you on the bill's progress"

    Guess they actually "listened" to things that nurses were saying!!
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  2. 10 Comments

  3. by   essarge
    Very good point!! I don't know any more than what I read, but I'll do a little research and see what I can find.
  4. by   essarge
    I posted the actual text of the bill in my next posting...take a look!! You should be able to still work your 12 hour shift if you want to (voluntarily), but they cannot force you to work overtime (over 8 hours or more than 40 hours in a two week pay period). It looks pretty good to me!
  5. by   -jt
    <I hope this bill is not written in a way to possibly eliminate the use of 12 hour shifts.>


    something we agree on. I voiced my opposition to that one sentence months ago. Writing the law to say that bit about "not more than 8 hrs" can end up knocking out our 12 hr shifts which we finally recently got back in NYC after a 4 yr battle. NYSNA proposed language that says "the RN will not be required to work beyond her/his regular shift". So if your usual shift is an 8 hr one, you cant be mandated to do more. If your usual shift is a 12 hr one, you cant be mandated to do more. And If your usual is 12 hrs, you cant be forced to give that up due to a technicality.

    In CA they have a law that says anything over 8 hrs is overtime (in any job I think). Nurses still have 12 hrs there in many places and the employers pay the time & a half. Probably if this was the late 80's & there was no nursing shortage, the employers would have used that law to eliminate 12 hr shifts & revert to all 8 hr shifts because they wouldnt want to pay the OT. They dont dare do it now & lose more nurses.
  6. by   natalie
    The way I had read the bill (as explained to me somewhere, but can't remember the source) was the voluntary clause is used to cover the 12 hour shift. And it could be up to the facility whether to pay for time and a half or straight time, depending on the settlement with it's nurses. So, in essence, the 12 hour shift would be protected.
  7. by   essarge
    2) An employer described in paragraph (1) may not require an employee covered by an agreement or understanding described in paragraph (1) who is a licensed health care employee (including a registered nurse but not including a physician) to work more than 8 hours in any workday or 80 hours in any 14-day work period, except in the case of a natural disaster or while a Federal, State, or local declaration of a state of emergency is in effect in the locality in which such employee is employed. No such employer may discriminate or take any other adverse action against such an employee for declining to work more than 8 hours in a workday or 80 hours in a 14-day work period. Such an employee may voluntarily work more than 8 hours in any workday or more than 80 hours in a 14-day work period. Notwithstanding any provision of title 5 or title 38, United States Code, to the contrary, this paragraph applies to an employee appointed under either such title who is a licensed health care employee (including a registered nurse but not including a physician).'.

    Wildtime,

    Please re-read above...it states..."who is a licensed health care employee (including a registered nurse but not including a physician)"...I don't think this precludes LPN's because it states licensed health care employee which would also include CNA's or anyone in healthcare that i licensed!

    It also states that you can voluntarily work more that 8 hours in a work day...thus covering your 12 hour shift, because you volunteer to work that!
  8. by   RNPD
    It also covers fulltimers who are mandated to work their day off because they then would be working more than 80 hours in a 2 week pay period!
  9. by   -jt
    "Jt, thank you for pointing out how a rush to push legislation can and has back fired in the past. It only took 4 years in your state to get previous legislation changed. I can only imagine how long it would take at a federal level to change legislation change if it back fired on us. So after a 4 years period you can actually work 12 hour shifts and enjoy the increased block of time off."


    Do you even READ what is written? How is it that you imagine things that arent there, misunderstand what is there, & twist every single thing I write. I didnt say NY took 4 yrs to change LEGISLATION on 12 hr shifts. We dont even have a 12 hr shift law. I was talking about individual facility practices and nurses contracts thru-out the city. 12 hr shifts were done away with by hospital administrators some years ago yrs ago. We've gotten them back - standard thruout the city - contract by contract ever since. You really have an annoying gift for entirely changing what people have said. Where did you get anything about NY LEGISLATION? NY has proposed legislation on Mandatory OT that has simpler language, but as has been pointed out, my inital concern is unfounded because the federal MOT language does cover those situations.
    I think you just like to hear yourself talk and dont bother listening to or read what is said to you.
  10. by   Level2Trauma
    Not hard to figure out who you are from one post to the next Wildtime; you're an ASHLOFF
  11. by   -jt
    "One day you use excuses about not being able to do things as a individual nurse because of being the ANA and the UAN in the case of the not being able to personally help the nurses in Dover Foxcroft, Maine "

    I never used any excuses. I just refused to follow your demand. YOu never understood that "discussion" at all & I dont even know where your confusion is exactly so Im not even going to try to explain. I gather most of it comes from your ignorance of what my organization is & how its run. You just dont seem to grasp the ANA/UAN/SNA thing & how the member is part of each of them, how they are different & autonomous, how they are connected, the work each does & how the member is in charge of them & individually responsible locally too. I never said I couldnt help those nurses because I am an ANA member or UAN member or for any other reason except one...they didnt ask me to.

    You still wont get it thru your head that no one at the hospital asked me to personally help them. And I dont have time to run all over the country standing on street corners trying to catch nurses who didnt ask for my help. I have helped nurses in other states & in cities in my own state when I was asked either by them or by my association. And I do so everyday answering email questions & educating on collective bargaining right from my PC. Yet because I didnt jump at YOUR order & drop my kids, & my life & run right up to Maine, when I wasnt even asked to by those nurses, you judge me & denigrade me. And make your own assumptions to declare to the online public about me.
    Its laughable.

    I am not posting confusing posts. You just cant keep up with me! As a member of the ANA, I have worked on the national agenda and am a member of the PAC. As a member of NYSNA I cant even tell you how many different roles I take on there, in my state, in my city, in my neighborhood, in my facility. As a member of the UAN, I have been to several states & collaborated with nurses from all over the country. Its all voluntary & I have done many different things, been involved in a lot & accomplished much - I am not the one who is confused. You just cant keep up. And you do alot of your own interpretation of what you read.

    And speaking of logic - I am Aquarius - the most logic persons you will ever meet.
  12. by   essarge
    Well said JT!!!

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