Banning Forced Overtime

Click to see a map of state legislative action on this topic

Nurses know, in their professional judgment, when they are too fatigued to work beyond their shift—and no hospital should be permitted to force a nurse to work past that point.  It’s not safe for nurses or patients.

In 2005, legislation to prohibit mandatory overtime was enacted in Illinois and Oregon’slaw was amended. The Illinois legislation allows hospitals to mandate a nurse to work overtime only in unforeseen emergent circumstances. Oregon’s mandatory overtime law, enacted in 2001, was amended to prohibit a hospital from requiring a nurse to work more than 48 hours in a week or more than 12 consecutive hours in a 24-hour period.

Legislation was introduced but did not pass in FL, GA, HI, IA, MA, MI, MO, NY, OH, PA, RI, TN, VT and WA.  In 2004, West Virginia enacted legislation prohibiting a hospital from mandating a nurse to accept an assignment of overtime. Connecticutenacted legislation banning a hospital from requiring a nurse to work in excess of a predetermined scheduled work shift except in certain circumstances such as participating in a surgical procedure until the procedure is completed, public health emergency, etc.

In 2003, three states—Louisiana, Nevada and West Virginia—enacted measures requiring the establishment of study committees to further explore the issue. Maryland lawmakers ruled in 2002 that an employer may not require a nurse to work more than the regularly scheduled hours according the predetermined work schedule. Also in 2002, a Minnesota law was implemented prohibiting action against a nurse who refuses mandatory overtime because it would jeopardize patient safety. New Jersey enacted legislation to prevent 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.

Texas regulations passed in 2002 require hospitals to develop policy and procedures for mandatory overtime. Washington State’s new language 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 Maine 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. Regulations adopted in California 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.

Click on the links below to learn more about which states are acting on these key issues (data is current to the end of the most recent state legislative cycle, which concluded in 2005 for most states):

• Nurse staffing ratios
• Nurse staffing plans
• Mandatory overtime ban
• Safe patient handling and movement
• Whistleblower protection
• Universal health care