Mandating a traveler to overtime work

[acuriousLPN]

Can an employer mandate a traveling nurse to work an extra shift (totaling 16 hours) due to callouts? The current facility I am at as a traveler has a policy to mandate a nurse if there is a call out and other means of finding coveraged have not worked. I have been at this facility previously and was told by my recruiter and company that the facility would have to use their own personal staff before mandating me to stay. Currently, my contract does not state anything about mandatory overtime hours. Also, the assignment is in Mass. which I know that there is a law for when problems like this arise. I would like to add that I was called into work for 7 pm (I work 11-7) due to callouts and was told by the scheduler I could not get mandated come morning. I also know I can't exceed 24 hours. The supervisor is trying to tell me that I need to stay and I have explained this to her. She obviously doesn't want to stay either but, I will have been here for 12 hours already compared to her 8. Having me work another unseen 4 hours is unsafe and I fear I may make an error due to lack of sleep. Any advice would be greatly appreciated.

P.S I cannot find any paperwork stating their policy on mandating staff. The only person I am getting information from is the supervisor who states that the nurse on the unit where the call out is, is the nurse that must stay regardless.

[NedRN]

The only way to force you to work is by making you work over with no relief. Refusing under those conditions would constitute patient abandonment. Otherwise, you are doing this to yourself if you agree to work extra shifts.

Could you be terminated for refusing extra shifts? Yes, or for any/no reason at all. It may or may not be allowed contractually but it is unlikely your agency will take legal action. You may have rights under state labor laws, or you may have no standing as the hospital is not your employer of record (there are sometimes workarounds to make it so legally).

The union may also have rules covering contingent labor, but you will face the same issue that you don't have standing to sue the hospital. That leaves you only the ability to sue your agency for relief and most travel contracts protect the agency with at-will employer language that also means you are unlikely to prevail.

Refuse extra shifts and see what happens. If the situation is intolerable or unsafe, you are better off if termination is the result.