MANDATORY OVERTIME & YOUR RIGHTS
PA Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined, and regularly scheduled work shifts.
• On-call time may not be utilized as a substitute for mandatory overtime or as a means of circumventing this law. 

• An employer may not retaliate against an employee who refuses to work overtime.

• An employee required to work more than 12 consecutive hours under the Act's exceptions or who volunteers to work more than 12 consecutive hours may receive 10 consecutive hours of off-duty time immediately following the worked overtime.
WHAT ABOUT "UNFORESEEN EMERGENT CIRCUMSTANCES?"
Act 102 allows mandatory overtime for an unforeseeable emergent circumstance which is any of the following:
a. An unforeseeable declared national, state or municipal emergency.
 
b. A highly unusual or extraordinary event which is unpredictable or unavoidable and which substantially affects the provision of needed health care services or increases the need for health care services. These events include: an act of terrorism; a natural disaster; and, a widespread disease outbreak.
 
c. 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. 

d. Vacancies arising from chronic short staffing are not an unforeseeable emergent circumstance.
Act 102 allows mandatory overtime for absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by the employer and which could significantly affect patient safety. 
OR CONTACT ONE OF THE REGIONAL OFFICES:
Harrisburg Regional Office:
1301 L&I Building
651 Boas Street
Harrisburg, PA 17121
Telephone: (717) 787-4671 or
(800) 932-0665
 
Philadelphia Regional Office:
110 North 8th Street, Suite 203
Philadelphia, PA 19130-4064
Telephone: (215) 560-1858
For questions, please contact a Local Officer or your
Labor Representative Victoria Pacheco:
vpacheco@jneso.org or (732) 745-2776 x128