Report Title:

Nurses; Mandatory Overtime Prohibited

Description:

Prohibits employers from requiring certain nurses to work mandatory overtime; but allows nurses to work overtime voluntarily. Prohibition does not apply to nurses not entitled to work overtime hours or receive overtime compensation. Defines "employer", "nurse", and "workday".

HOUSE OF REPRESENTATIVES

H.B. NO.

2063

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to employment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the practice of requiring nurses to work mandatory overtime is potentially dangerous to both patients and nurses. Mandatory overtime is invoked after nurses have already worked the agreed number of hours for the employer and the employer insists that the nurse work additional hours regardless of the nurse's willingness or ability to work the additional hours. When nurses are routinely forced to work overtime, their thinking and skill levels are often impaired. As a result, patient safety may be jeopardized.

Nurses have always worked together to ensure that patients have adequate care. Nurses can, and do, volunteer to work overtime when there are disasters or emergencies of any type, including crises that occur on units from unplanned emergencies. Unfortunately, many public and private hospitals now use mandatory overtime to cover routine personnel shortages. Furthermore, nurses who question overtime assignments may be threatened with losing their jobs or their licenses under the charge of patient abandonment. Mandatory overtime leads to low morale, burnout, and has been cited by nurses as a reason for leaving the profession. It does not serve the interest of either the State of Hawaii or private employers in their efforts to recruit and retain nurses in Hawaii.

SECTION 2. Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§387- Nurses; mandatory overtime prohibited. (a) An employer shall not require any nurse who is primarily employed in the practice of nursing as a licensed practical nurse or as a registered nurse, as defined in section 457-2, to:

(1) Work for a workday more than the number of hours regularly scheduled for a particular workday; or

(2) Work for a work week longer than forty hours.

(b) A licensed practical nurse or a registered nurse is not prohibited from voluntarily working more than the number of hours regularly scheduled for a particular workday or forty hours for a work week. If a licensed practical nurse or a registered nurse refuses to work more than the number of hours regularly scheduled for a workday or more than forty hours for a workweek, the employer shall not have grounds to suspend, discharge, penalize, or take any other adverse employment-related action against the nurse. In addition, an employer may not coerce a nurse to surrender any rights provided under this section. Any violation of this section shall be a violation of section 387-12.

(c) This section shall not apply to a licensed practical nurse or a registered nurse who is not entitled to work overtime hours or receive overtime compensation.

(d) For purposes of this section:

"Employer" means an employer as defined in section 387-1 that is operated by the Hawaii health system corporation as a health care facility or any other facility enumerated in section 321-11(10) or otherwise authorized to provide health care in this State.

"Nurse" means a person licensed as a licensed practical nurse or a registered nurse pursuant to chapter 457, who is:

(1) Employed by a public or private employer, and

(2) Involved in direct patient care or clinical services.

"Workday" means a fixed and regularly recurring period of twenty-four consecutive hours."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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