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A facility which Pennsylvania law requires that a worker's pay for overtime hours must be at least 1.5 times his or her regular pay rate. Additionally, in some states, employers can penalize employees who refuse to work despite a lack of threat to their safety and health, as long as they receive one and a half times their regular pay for every hour exceeding their work week, as per the Fair Labor Standards Act (FLSA). Where federal and Pennsylvania law differ, employers in PA must follow the one that is most beneficial to the employee. Employers can also terminate an employee for refusal to work the mandated overtime. NOTE: This is not a formal adjudication, decision or binding norm. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law. Retaliation occurs when an employee refuses to accept mandatory overtime prohibited under Act 102 and the health care facility subjects the employee to discrimination, dismissal, discharge or any other employment decision adverse to the employee because of this refusal. Pennsylvania's overtime regulations are almost identical to the federal labor regulations requiring employers to pay their nonexempt employees at least time and one-half for work exceeding 40 hours per week. Act 102 does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act. The Fair Labor Standards Act (FLSA) defines overtime as any hours logged over 40 in a work week. The Bureau may review the intent underlying the use of on call time, how it is used and the facility’s needs and past practices, among other things. Pennsylvania employers will have to comply with new overtime rules if proposed changes to the white-collar exemptions are finalized. A facility which provides clinically related health services and which is operated by the Department of Corrections, the Department of Health, the Department of Military and Veterans Affairs or the Department of Public Welfare. Consider voluntary, in-house grievance procedures. For adult employees, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for overtime pay in both the private and public sector.On a work week basis, this act requires employers to pay a wage of 1 1/2 times an employee's normal pay rate after that employee has completed 40 hours of work for workers 16 and over. Any answers or opinions concerning Act 102 may be revised through hearings, appeals, future enforcement or regulation. Most employees who fall under the exempt status are salaried and are not paid hourly, but there are exceptions to this rule. Many people living and working in Pennsylvania are surprised to discover that, even when you are working overtime, employers are not obligated to provide you with breaks or meal periods unless you are a minor. Arranging 1 hour for the care of the employee’s minor child or elderly or disabled family member when unforeseeable emergent circumstances occur. If an employee typically makes $8 an hour, then their overtime pay would be $12 for all hours worked after 40 hours in an average workweek. Who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. If an employer refuses to work mandatory overtime, he or she can be disciplined and terminated. If Pennsylvania labor laws and federal labor laws differ, the stricter of the two laws is the one applied. It prohibits covered employers from mandating that covered employees work “overtime” except under certain limited circumstances. If a healthcare worker is forced to work overtime due to a disaster, he or she must be given 1 hour to make arrangements to deal with child care and other family issues. If your employer does give you breaks, they must be paid breaks unless they are 20 minutes or longer. Employees may also agree to work any overtime. An unforeseeable declared national, state or municipal emergency. Seeks persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance; Contacts all qualified employees who have made themselves available to work extra time; Seeks personnel from a contracted temporary agency when use of this staff is permitted by law or regulation. Overtime policies: mandatory and voluntary. Employees may also agree to work any overtime. Mandatory overtime, in these situations, should be utilized as a last resort and the employer should provide the employee up to 1 hour to arrange for the care of the employee’s minor child or disabled family member. Please enable scripts and reload this page. Pennsylvania Code 43-40.3 (a) Employers are not required to provide breaks to employees eighteen (18) and over. The department does not require employers to provide their employees with mandatory rest days and does not prohibit most employers from requiring their employees to work mandatory overtime hours as long as they comply with the federal and state overtime laws. Generally speaking, employers can require 100 hours or more of overtime without committing any violation of federal law. concerns by outlawing the practice of mandatory overtime for certain healthcare workers. Because work was very busy, you ended up working 8 hours on Saturday. However, on-call may not be utilized to circumvent Act 102’s intent or as a substitute for mandatory overtime. PA Dept. of Labor: Wage and Hour FAQs. Act 102 will not prevent an employee from working more than an 8-hour shift if the this shift is agreed to and regularly scheduled. Healthcare workers are the exception to this rule. Prior to 2016, if an employee made less $23,600 per year or less than $455 per week, they were automatically eligible for overtime. and regulations. Does not prevent an employee from working more than an 8-hour shift if this shift is agreed to and regularly scheduled. Factors on whether a last minute call in constitutes grounds for allowing mandatory overtime include whether the employer could have prudently planned for the unexpected absence, whether there is a pattern of absences at certain times, whether the absence impacts patient safety and the employer’s efforts and policies concerning unexpected absences, among other things. Time you spend on call may or may not entitle you to overtime pay in Pennsylvania. Although Tennessee law does not mention overtime pay, federal law provides this right to all "non-exempt" employees working in Tennessee. For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. According to Pennsylvania overtime laws, you must be given overtime for any hours worked over 40 in a one-week period. The overtime wages are calculated by dividing the weekly salary by 40 (or a bi-monthly salary by 80) to get the regular hourly rate and then multiplying that by 1.5 to get the overtime rate. Even though your paycheck is for 48 hours of work in 1 week, your employer does not have to pay you extra for your 8 hours of "overtime" because you did not WORK the 8 hours you got paid for on Monday. Pennsylvania law requires that a worker's pay for overtime hours must be at least 1.5 times his or her regular pay rate. 2. They can also legally fire you for saying "no." Her essays have been used on college entrance exams and she has more than 4,000 publishing credits. To protect patents, healthcare workers such as nurses, technicians and certified nursing assistants may not be forced to work mandatory overtime except in the event of a natural disaster. An employee may waive this off-duty time, however. The Bureau may also revise these answers if it receives additional information. Document when overtime occurs, the circumstances surrounding the use of overtime (e.g, ongoing care, unforeseeable emergent circumstance) and whether the overtime was voluntary or mandatory. Your employer must pay you for and count as hours worked for overtime purposes any on-call time during which you are required to be at a specific location. Although the law does not require your employer to give you a break, your employment or union contract might. Unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer, and which could significantly affect patient safety. Pennsylvania’s New Overtime Laws & Rules. In the Commonwealth of Pennsylvania, it is legal for an employer to require an employee to work overtime. Does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act. Healthcare workers are also a common exception with many state labor laws restricting mandatory overtime. Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. Your employer may pay you your regular wages even if your check is for more than 40 hours. It does not prohibit overtime for on-call time, if certain unforeseeable emergent circumstances occur or if an employee must complete a patient care procedure already in progress at the end of regularly-scheduled shift and the employee’s absence could have an adverse effect on the patient. From state to state labor laws can differ, and numerous states have implemented restrictions (California for requires a mandatory day off for every seven day work period - … You may be trying to access this site from a secured browser on the server. Except as provided in this definition, no time period is set for when the call in must occur and the Bureau will review each case individually. The Health Risks of Mandatory Overtime: The hidden costs of this all-too-common practice. Pennsylvania’s overtime laws are similar to the federal law in that employees must be paid time and a half for each hour over 40. Time you spend on call but free to go wherever and do whatever you desire does not count as hours worked when determining whether or not you are due overtime pay. These events include: an act of terrorism; a natural disaster; and, a widespread disease outbreak. Document and distribute policies pertaining to the use of overtime, call off policies, unforeseeable emergent circumstances and on call time. The federal overtime law is found in the Fair Labor Standards Act (FLSA). Pennsylvania overtime law states that employees must receive time-and-a-half compensation for hours worked in excess of 40. Last week you used a vacation day on Monday. In Pennsylvania, mandatory overtime is illegal.Nurses can’t be required to work over their predetermined shifts, except in the case of a catastrophic event declared as such by a federal, state or municipal authority, or unavoidable emergencies that make increased healthcare services necessary. Most hourly employees in Pennsylvania are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). An employee required to work more than 12 consecutive hours under the Act 102’s exceptions or who volunteer to work more than 12 consecutive hours may receive 10 consecutive hours of off-duty time immediately following the worked overtime. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. The federal government has no specific rules regarding overtime for people over the age of 16 and does not offer employees protection from being forced to work more than 40 hours in a week. For example, let's assume that your standard work schedule is to work 8 hours a day Monday through Friday. Employers are required to post labor laws in an area where employees have access to them. Keystone State. The same analysis under the Federal overtime law applies to the Pennsylvania overtime law. However, an employer may not retaliate against an employee who refuses to work overtime unless there is an unforeseeable emergent circumstance or overtime is needed to complete an on-going patient care procedure already in progress and the employee’s absence could have an adverse effect on the patient. Develop a skilled workforce that meets the needs of Pennsylvania’s business community, Promote access to good-paying jobs for all Pennsylvanians, Create career pathways to fast growing, 21st century jobs. The South Carolina Department of Labor, Licensing and Regulations is responsible for administering the state’s labor laws. Procedures for providing 10 hours of off-duty time after overtime. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. She holds an Associate of Applied Science in accounting, having graduated summa cum laude. Yes, your boss can tell you that you need to work overtime. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 1. Does not apply to facilities and employees which do not fall within the definitions of Health care facility and Employee contained in section 2 of Act 102. Does not prohibit overtime for on-call time allowed under Act 102, if certain unforeseeable emergent circumstances occur or if an employee must complete a patient care procedure already in progress at the end of regularly-scheduled shift and the employee’s absence could have an adverse effect on the patient. During the recent declared state of emergency and in conjunction, with COVID-19, is a health care facility permitted to mandate overtime? Generally speaking, covered employees include employees directly involved in direct patient care and other clinical services. The Other Side of Mandatory Overtime; Beyond Mandatory Overtime: The ANA and nurse leaders take aim at RN fatigue and workplace practices. Many executive and administrative employees are considered exempt for overtime purposes even if they are paid hourly. To stay competitive when attracting and retaining employees, most companies do provide breaks and meal periods, but they are not required to do so. as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises. An office used primarily for the private or group practice by a health care practitioner. Fill vacancies or try to eliminate chronic staffing shortages. Required over 40 hours at a rate of 1.5 time standard pay; Highly paid workers (+$100,000) may qualify for overtime pay; No mandatory overtime for working over 8 hours a day; 2-year statute of limitation for collecting unpaid overtime. Educate employees and supervisors on Act 102. This law’s effective date was July 1, 2009. A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility. Staffing: The ANA's Primary Concern But any mandatory overtime request needs to fall under the rules and regulations for your state and under federal law. Pennsylvania Department of Labor and Industry, Pennsylvania Law To End Mandatory Overtime For Some Health Care Workers. This is where the unique character of Pennsylvania’s overtime labor laws can be seen. An employee also includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel. The Bureau will have to address the particular facts of each use of on call time. What Is Mandatory Overtime? Employers are not allowed to average an employee's hours over multiple weeks, or to give “comp time” in lieu of overtime, according to PA overtime laws. Vacancies arising from chronic short staffing is not an unforeseeable emergent circumstance. Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined shifts and regularly scheduled work shifts. An individual employed by a health care facility, the Commonwealth of Pennsylvania or one of its instrumentalities, or a political subdivision (such as a county, municipality, school district, local government). Under Pennsylvania labor laws and overtime rules in PA, overtime pay of at least 1 ½ times the employee’s regular wage rate must be paid for all hours worked over 40 in a workweek. In Pennsylvania, however, this restriction does not apply because PA law does not allow it. 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