What is Act 102 in PA?
Answer: Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts. Employees may also agree to work any overtime. However, an employer may not retaliate against an employee who refuses to work overtime.
What is the longest shift you can legally work in PA?
Neither Pennsylvania nor federal law establish limits on the number of hours employees can work in a day or workweek. All employees who are over the age of 16 are free to determine for themselves how many hours per day or week they are able to work.
How many hours can a nurse work in 24 hours in Pennsylvania?
The law restricts a maximum shift of 12 hours per 24 hour period. The law also restricts employers from scheduling nurses to work outside of regularly scheduled shifts. In an emergency where the care of a patient will be compromised, however, mandatory overtime is allowed.
Is Mandation illegal?
California. In California, mandatory overtime is prohibited by regulation, and nurses have the right to refuse overtime free from any fear of retaliation. Moreover, these same health care workers cannot be required to work more than 12 hours in a 24-hour period, except in cases of emergency.
How many hours can a nurse legally work in a day in Pennsylvania?
Prohibits mandatory overtime and provides a penalty for any violations (2004). This prevents nurses from working more than 16 hours in a 24-hour period. It also requires eight consecutive hours off after a shift of 12 hours or more before the nurse can lawfully return to work.
Is Mandation legal in PA?
Pennsylvania Act 102 covers health care providers (broadly defined) in Pennsylvania. It prohibits covered employers from mandating that covered employees work “overtime” except under certain limited circumstances. The definition of mandatory overtime under Act 102 is not based on the FLSA.
What is a double shift in nursing?
For example, a nurse who works a 12-hour shift washes his or her hands 8 percent less often by the end of the shift. This can result in an increase in patient infections. The author of the report calls the 12-hour shift, “one of the worst things we’ve ever did.”
What do you need to know about Act 102?
Answer: Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts.
Who is responsible for enforcing Act 102 in PA?
Commencing July 1, 2009, the Pennsylvania Department of Labor and Industry’s Bureau of Labor Law Compliance will enforce this act, investigate alleged violations and may seek the imposition of civil fines and corrective orders, following hearing, for any health care facility that violates this law.
How is a health care facility governed by Act 102?
Answer: A health care facility, defined under section 2 of Act 102, is governed by the Act 102’s provisions. These facilities provide clinically related health services, regardless of whether the operation is for profit or nonprofit and regardless of whether operation is by the private sector or by State or local government.
What is the difference between FLSA and Act 102?
Pennsylvania’s Minimum Wage Act and the federal Fair Labor Standards Act, on the other hand, govern the payment of overtime wages. The Minimum Wage Act and FLSA do not govern whether a health care facility or employer violated Act 102 or improperly mandated overtime under Act 102. 9. What individuals are not governed by Act 102?
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