Harrisburg, PA – Following a public comment period and extensive stakeholder outreach, the Department of Labor & Industry (L&I) today submitted the final regulation that will modernize Pennsylvania's overtime rules to the state's Independent Regulatory Review Commission and legislative oversight committees.. 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. 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). 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. However, on-call may not be utilized to circumvent Act 102’s intent or as a substitute for mandatory overtime. Keystone State. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Become familiar with Act 102 and the employees that are covered. Now, starting on December 1, 2016, most employees earning less than $47,476 per year are automatically eligible for overtime. Pennsylvania Code 43-40.3 (a) Employers are not required to provide breaks to employees eighteen (18) and over. The federal overtime law is found in the Fair Labor Standards Act (FLSA). Your employer may pay you your regular wages even if your check is for more than 40 hours. The Pennsylvania overtime labor laws, however, covers every business in the state, or almost. 1. 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. Pennsylvania’s New Overtime Laws & Rules. In Pennsylvania, however, this restriction does not apply because PA law does not allow it. Review "reasonable efforts" to assure that these efforts are allowed by law or regulation and which provide staffing that is qualified to deal with patient needs. 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. § 333.101 et seq.) You may be trying to access this site from a secured browser on the server. Who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. For example, let's assume that your standard work schedule is to work 8 hours a day Monday through Friday. NOTE: This is not a formal adjudication, decision or binding norm. (34 Pa. Code § 231.1 et seq. and regulations. concerns by outlawing the practice of mandatory overtime for certain healthcare workers. Mandatory overtime is when your boss makes you work more than 40 hours in a week. Please enable scripts and reload this page. 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. Employees may also agree to work any overtime. Fill vacancies or try to eliminate chronic staffing shortages. The Pennsylvania Prohibition of Excessive Overtime in Health Care Act, commonly known as Act 102, limits mandatory overtime for health care employees in Pennsylvania. Where federal and Pennsylvania law differ, employers in PA must follow the one that is most beneficial to the employee. Pennsylvania has slightly more strict labor laws and regulates the hours worked by anyone under the age of 18. If Pennsylvania labor laws and federal labor laws differ, the stricter of the two laws is the one applied. Filing a Wage Complaint She holds an Associate of Applied Science in accounting, having graduated summa cum laude. ). Pennsylvania employers will have to comply with new overtime rules if proposed changes to the white-collar exemptions are finalized. During the recent declared state of emergency and in conjunction, with COVID-19, is a health care facility permitted to mandate overtime? The answer is yes, an employer can force employees to work mandatory overtime. Pennsylvania Act 102 covers health care providers (broadly defined) in Pennsylvania. Proudly founded in 1681 as a place of tolerance and freedom. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. If your employer does give you breaks, they must be paid breaks unless they are 20 minutes or longer. The Fair Labor Standards Act (FLSA) defines overtime as any hours logged over 40 in a work week. Known formally as Act 102 of 2008 (Act) or the “Prohibition of Excessive Overtime in Healthcare Act,” the Act prohibits Pennsylvania healthcare employers from routinely scheduling employees for overtime. Your employer does not have to pay you for any on-call time during which you are allowed to do what you please unless and until you are called to duty. Unfortunately, many people working today have misconceptions about labor laws and are unsure where to go for help. Although the law does not require your employer to give you a break, your employment or union contract might. 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. Time you spend on call may or may not entitle you to overtime pay in Pennsylvania. 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. Prior to 2016, if an employee made less $23,600 per year or less than $455 per week, they were automatically eligible for overtime. Employers can also terminate an employee for refusal to work the mandated overtime. 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. Pennsylvania Overtime Rules. Educate employees and supervisors on Act 102. 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. Mandatory Overtime Laws: Everything You Need to Know Federal mandatory overtime laws allow employers to require their employees to work overtime. Many executive and administrative employees are considered exempt for overtime purposes even if they are paid hourly. Staffing: The ANA's Primary Concern Does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act. 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. 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