NJ regs re NURSES AND MANDATORY OVERTIME

[NRSKarenRN, BSN, RN]

from nursing practice update:

new jersey nurse, sep/oct 2005 by torre, carolyn

http://findarticles.com/p/articles/mi_qa4080/is_200509/ai_n15745829

nurses and mandatory overtime

mandatory overtime regulations (at n.j.a.c. 8:43e) which are now in effect prohibit acute and long term care facilities from using mandatory overtime to solve chronic short staffing problems. if lpns or rns believe that they are being asked to repeatedly work more than an agreed-upon schedule, not to exceed 40 hours/week in situations, which do not meet the threshold of an unforeseen emergent circumstance, they can report the situation to the department of labor, which is responsible for enforcing the rule.

to read the language of the mandatory overtime law go to http://www.njleg.state.nj.us/2000/bills/pl01/300_.pdf

[naskippy]

Good to hear NJ has it together in this employment law area. Other states need to follow the example. I am a traveling nurse and at a hospital I am currently contracted at, the hospital has a "Mandate Policy" for EMERGENCY staffing purposes. However, one of the Unit Managers, being too unorganized to properly make out a schedule and consistently waiting until the last second to try to staff her unit appropriately likes to abuse this Mandate Policy. She will call a staff member at the last minute at home and tell them she is mandating them to work under the hospitals Mandate Policy. One afternoon she called a nurse and Mandated her when she had requested the day off for her son's wedding! When the nurse said no, she threatened to fire her!!! The Mandate Policy of course is for extreme unforseen emergencies like a bus accident full of kids that get hurt, a natural disaster like a tornado etc, Not for a Unit Manger who doesn't know how to make a schedule. Well the nurse that was threatened to be fired did get the hospital administrations support and the Unit Manager was told to back off...of course now she is on the black list.

[DNRme]

We all cheered for this legislation initially. The hospitals just put you "on call". Someone call out sick, the call person is brought in. There is always a way for the employer to get around the rules. Call it whatever you want to, it is mandatory overtime.

[lexi917]

I think that a person who requested for a day off in advance, should be given that as they know of their schedule and know that they wouldn't be making it in. As the Floor coordinator, she should know this and should've call the person that is "On Call" to come in for the short staff not someone who called off.

There are a few who do and are always willing to pick up over time and any hours anyone couldn't make it. Those are the people that they should use to their advantage not those that requested a day off already. Understandably, nursing we are all here to take care of people, but sometimes we need a day off to take care of ourselves too, because when we're sick we put our whole family in jeopardy along with everything else.

[NRSKarenRN, BSN, RN]

see nj regs: http://lwd.dol.state.nj.us/labor/wagehour/content/health_care_worker_faqs.html

frequently asked questions for healthcare workers

q. when can a health care facility require certain hourly employees to work overtime?

a. 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.

[louisianalvn]

A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime. It looks like the suit is expanding nation wide to all skilled nursing facilities.

http://www.lvnclaim.com