H.R. Bill 1289, Mandatory overtime

  1. This is the text of the bill. It is now in committee for review.


    Registered Nurses and Patients Protection Act (Introduced in the House)

    HR 1289 IH


    107th CONGRESS

    1st Session

    H. R. 1289
    To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain licensed health care employees.


    IN THE HOUSE OF REPRESENTATIVES

    March 29, 2001
    Mr. LANTOS (for himself, Mr. MCGOVERN, Ms. SOLIS, Mr. BONIOR, Mr. FRANK, Mr. HILLIARD, Ms. KILPATRICK, Mr. THOMPSON of Mississippi, Mr. KILDEE, Ms. MCKINNEY, Mr. KUCINICH, Ms. ROYBAL-ALLARD, Ms. LEE, Mrs. NAPOLITANO, Ms. WOOLSEY, Mr. FILNER, Ms. KAPTUR, Mr. BACA, Mr. DELAHUNT, Mr. BRADY of Pennsylvania, and Mr. BORSKI) introduced the following bill; which was referred to the Committee on Education and the Workforce

    --------------------------------------------------------------------------------


    A BILL
    To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain licensed health care employees.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Registered Nurses and Patients Protection Act'.

    SEC. 2. NURSES AND OVERTIME HOURS.

    Section 7(j) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(j)) is amended--

    (1) by striking `No employer' and inserting `(1) Subject to paragraph (2), no employer'; and

    (2) by adding at the end the following:

    `(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).'.


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  2. 13 Comments

  3. by   essarge
    Wanted to bring this back up to the top for anyone who missed it.
  4. by   PeggyOhio
    essarge,
    Are you sure your information is correct? H.R. 1289 was proposed in March of 1999 by Rep Waxman, to "amend title XIX of the Social Security Act to direct the Secretary of Health and Human Services to waive recoupment of the Federal government Medicaid share of tobacco-related State settlements under certain conditions". See
    H.R.1289

    H.R. 5179 was propose 9/2000 by Rep. Tom Lantos of California to, "amend the Fair Labor Standards Act of 1938 to limit the number of overtime hours of licensed health care employees". See H.R.5179

    This information has been posted here before but it is worth repeating for newcomers.

    I urge all nurse to write to Rep. Lantos and thank him and support him. His website is Tom Lantos

    I also urge all nurses to write to their own state Rep. and ask them to support H.R. 5179.
    Also encourage all your friends and relatives to do the same. Community support is vital.

    You can do this very easily on-line. Find your Rep. here Write your Representative
    then e-mail him. A phone call wouldn't hurt either. Tell them you support H.R. 5179!

    I think this will have greater impact than writing Leno or Letterman.

    [ May 04, 2001: Message edited by: PeggyOhio ]
  5. by   essarge
    Peggy,

    I copied and pasted this right off the site.
  6. by   PeggyOhio
    So did I. And as you can see I have included links to reference those sites. What site are you referencing? Please post the address.

    I emphatically repeat YOUR INFORMATION IS INCORRECT. PLEASE STOP CONFUSING PEOPLE. It is H.R. 5179 NOT H.R.1289

    Anyone wishing to verify the content of proposed legislation can do so at this site for themselves Legislation Inquiry

    [ May 04, 2001: Message edited by: PeggyOhio ]
  7. by   nurs4kids
    i cut and pasted, it is 1289. thanks for the info, you two!

    http://thomas.loc.gov/cgi-bin/query/...--------------
    Registered Nurses and Patients Protection Act (Introduced in the House)

    HR 1289 IH


    107th CONGRESS

    1st Session

    H. R. 1289
    To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain licensed health care employees.


    IN THE HOUSE OF REPRESENTATIVES

    March 29, 2001
    Mr. LANTOS (for himself, Mr. MCGOVERN, Ms. SOLIS, Mr. BONIOR, Mr. FRANK, Mr. HILLIARD, Ms. KILPATRICK, Mr. THOMPSON of Mississippi, Mr. KILDEE, Ms. MCKINNEY, Mr. KUCINICH, Ms. ROYBAL-ALLARD, Ms. LEE, Mrs. NAPOLITANO, Ms. WOOLSEY, Mr. FILNER, Ms. KAPTUR, Mr. BACA, Mr. DELAHUNT, Mr. BRADY of Pennsylvania, and Mr. BORSKI) introduced the following bill; which was referred to the Committee on Education and the Workforce

    --------------------------------------------------------------------------------


    A BILL
    To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain licensed health care employees.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Registered Nurses and Patients Protection Act'.

    SEC. 2. NURSES AND OVERTIME HOURS.

    Section 7(j) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(j)) is amended--

    (1) by striking `No employer' and inserting `(1) Subject to paragraph (2), no employer'; and

    (2) by adding at the end the following:

    `(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).'.

    null
  8. by   essarge
    Thanks nurse4kids!! I was starting to wonder about my research techniques!! Glad to see they are still "up to par"!
  9. by   PeggyOhio
    essarge
    I see that I was mistaken. I apologize for confusing the issue. Thank you for pointing out my error.

    It is really confusing that they would renumber a bill from one year to another.

    I had posted the information months ago when it was apparently still H.B. 5179 and didn't realize it had changed.

    Thanks again for straightening it out.
  10. by   nbicurn
    this bill sounds good, but as a person who does charge work fairly often, what do we do when the supervisor can't find anyone and nobody offers to stay and double? How do we cover the shift.
  11. by   natalie
    ngicurn,

    You stated the crux of the problem for me. The ethical dilemma of walking out versus the dangerous dilemma of staying on. I'm pushing 50 and I know I simply cannot be of benefit anymore if I continue to place myself in the position of doing 16 hour, or more, shifts. I believe it is doubly hard for you as a newborn nurse. (I work adult ICU.)

    It's a heart-wrencher. I've finally come to the conclusion that I have to walk out the door at the end of a draining day. I need to leave it up to the administration to staff. I believe, given that risky situation, they will dig deep, call in the DON, Infection control nurse, Education nurse...or anyone who will take over the situation. I HAVE to do this as a matter of survival, or else I will RESIGN my job, simply as a matter of my own survival.

    I sympathize. It's a hard thing to do.
  12. by   essarge
    Peggy,

    No problem. I think what happens (governmental things are not my forte!) is when a bill doesn't pass and it comes up the next year the number changes. Anyone know?
  13. by   essarge
    nbicurn,

    I'm not sure how that would work, but you might be able to get an answer by calling or emailing your congressman.

    That is an excellent question though!! Let us know if you find out anything!
  14. by   PeggyOhio
    natalie
    I agree with your reasoning. While I also feel bad leaving, I know as long as I continue to submit to the policy I contribute to the perpetuation of the problem. The old adage, "if nothing changes, nothing changes", applies. We cannot allow this kind of abuse to continue.
    Many nurses that have fled the bedside may return if the work environment improves(including banning mandatory overtime and improving staffing ratios) and wages improve.
    That would be a long term solution. And a win-win for nurses and patients. Not a short term solution that puts patients and nurses in very compromised, risky positions.
    I believe it is vital to support this type of legislation at both the federal and state levels.

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