Prohibition of Mandatory Overtime

Mandatory overtime is a difficult problem for RNs and health care facilities. Because of inadequate RN staffing, employers have used mandatory overtime to staff facilities often as a cost savings factor. Nurses are concerned about the health effects of long term overtime and the quality of care being provided.

As part of the American Nurses Association's (ANA) Nationwide State Legislative Agenda on the nurse staffing crisis, State Nurses Associations are pushing for the enactment of mandatory overtime legislation in state legislatures and regulatory agencies. So far this year, five states have enacted legislation or regulations addressing mandatory overtime adding to the two states that enacted this type of legislation last year. ANA is also actively supporting the enactment of the federal mandatory overtime legislation, The Safe Nursing and Patient Care Act (HR 3238/S 1686.)

In 2002, 21 states introduced prohibition of mandatory overtime legislation/regulation. Five states, MD, MN, NJ, TX [regulations] and WA have enacted legislation. MD legislation states that an employer may not require a nurse to work more than the regularly scheduled hours according the predetermined work schedule. There are some exceptions including an emergency situation that could not be reasonably anticipated and if a nurse has critical skills and expertise that are required for the work. MN legislation prohibits action against a nurse who refuses mandatory overtime because it would jeopardize patient safety. NJ legislation prevents a health care facility from requiring an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift, not to exceed 40 hours per week. TX regulations require hospitals to develop policy and procedures for mandatory overtime. WA legislation states that acceptance of mandatory overtime by a nurse is strictly voluntary and refusal is not grounds for adverse actions against the nurse.

Legislation enacted in 2001 in ME would prevent a nurse from being disciplined for refusing to work more than 12 consecutive hours except in certain circumstances and must be given 10 consecutive hours off following overtime. OR enacted legislation prevents a nurse from being required to work more than 2 hours beyond a regularly scheduled shift or 16 hours in a 24 hour time period. Regulations adopted in CA prior to 2001 prevent an employee scheduled to work a 12 hour shift from working more than 12 hours in a 24 hour period except in a health care emergency.