see nj regs: http://lwd.dol.state.nj.us/labor/wag...rker_faqs.html
frequently asked questions for healthcare workers
when can a health care facility require certain hourly employees to work overtime?
in order to comply with the provisions of the law, a health care facility must meet the following three requirements:
the required overtime must be in response to an unforeseeable emergent circumstance and only as a last resort and not used to fill vacancies resulting from chronic short staffing. an "unforeseeable emergent circumstance" means an event that is unpredictable and non-recurring relating to health care delivery that requires immediate action.
"chronic short staffing" means a situation characterized by long standing vacancies that remain unfilled over a period of 90 days or more.
the employer has exhausted reasonable efforts to obtain staffing. this means that the employer shall:
- seek volunteers to work overtime
- contact "on-call" employees
- seek the use of per diem staff
- seek personnel from a contracted temporary agency when such staff is permitted by law or regulation.
note: this requirement shall not apply in the event of any declared national, state, or municipal emergency, or a disaster or other catastrophic event which substantially affects or increases the need for health care services or causes the facility to activate its emergency or disaster plan.
the employer shall provide the employee with necessary time, up to a maximum of one hour, to arrange for the care of the employee's minor children or elderly or disabled family members.