Report Title:

Mandatory Overtime for Nurses; Disallowed

Description:

Disallows the practice of requiring nurses to work overtime.

THE SENATE

S.B. NO.

2128

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 in the best interest of either the State of Hawaii or private employers in their efforts to recruit and retain registered 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; prohibiting mandatory overtime. (a) An employer shall not require any employee that is a licensed nurse and primarily employed as a practicing nurse to:

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

(2) Work for a workweek longer than forty hours.

(b) A licensed nurse is not prohibited from voluntarily working a workday or workweek longer than that specified in subsection (a). If a nurse refuses to work longer than that specified in subsection (a), the employer shall not suspend, discharge, penalize, or take any other adverse employment-related action against the nurse based solely upon this refusal. In addition, an employer shall not coerce a nurse to surrender any rights provided under this section. Any violation of this section shall be a violation under section 387-12.

(c) Subsection (a) shall not apply to a licensed 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 systems corporation as a health care facility or any other public or private health care facility enumerated in section 321-11(10) or otherwise authorized to provide health care in the State.

"Nurse" means a person licensed as a registered nurse pursuant to chapter 457, employed by a public or private employer, and 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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