H.R. Bill 1289, Mandatory overtime

Nurses General Nursing

Published

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

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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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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.

Peggy,

This is the exact same sight as the one you are referencing, but the 107th congress (not the 106th as you have referenced). The bill that you are referencing says basically the same thing but it is dated September 14, 2000. The one I copied is dated March 29, 2001.

So, while the one you referenced was correct for the year 2000, the most current one is HR1289IH dated March 29, 2001!

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