Employment Law/Act 102 prohibiting mandatory overtime
My Pennsylvania place of employment is at a health care facility. If my employer fires a 3-11 employee and does not fill that position, can the employer then mandate anyone from the 7-3 shift to stay & cover the shift? The position has been vacant for more than a week now
Under Pennsylvania Act 102, the answer depends on whether the person being required to work two consecutive shifts is a covered employee under the Act's definitions. We will assume the facility where you work is a covered facility.
The Act defines covered employees to include:
--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);
--who is involved in direct patient care activities or clinical care services;
--who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes;
--the term employee also includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel.
An individual is involved in clinical care services if the individual is involved in diagnostic imaging, treatment or rehabilitative services provided in a health care facility including the following: radiology, and diagnostic imaging, such as magnetic resonance imaging and postitron emission tomography; radiation therapy; and laboratory medical services.
Act 102 does not govern a physician, physician assistant and dentist. Act 102 also does not cover workers involved in environmental services, clerical, maintenance, food service or other job classification not involved in direct patient care and clinical care services. Individuals must also work for a health care facility and meet the Act's definition of an Employee.
So, if the person being required to work two consecutive shifts meets the above definitions, then unless the situation meets one of the emergency exceptions also listed in the law and regulations, the person can't lawfully be forced to work the extra hours without agreeing to do so, and the hours have to be "regularly scheduled."
If you believe based on this brief explanation that the employer may be violating Act 102, you should (or the affected person should) file a claim with the state Department of Labor and Industry, as follows:
Complaint forms and information about Act 102 are available on the Labor & Industry website: www.dli.state.pa.us. Information and forms are also available at any of the Bureau's regional offices:
Altoona Regional Office:
1130 Twelfth Avenue, Suite 200
Altoona, PA 16601-3486
Telephone: 1-877-792-3486 or 814-940-6224
Harrisburg Regional Office:
1301 L&I Building
651 Boas Street
Harrisburg, PA 17121
Telephone: 717-787-4671 or 1-800-932-0665
Philadelphia Regional Office:
110 North 8th Street, Suite 203
Philadelphia, PA 19130-4064
Pittsburgh Regional Office:
301 5th Avenue
Pittsburgh, PA 15222
Telephone: 1-877-504-8354 or 412-565-5300
Scranton Regional Office:
201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
Telephone: 570-963-4577 or 1-877-214-3962
[Note: Most of this answer was taken directly from the DLI website.]
I hope you find this helpful.