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Two More States Ban Mandatory Overtime

New Jersey and West Virginia recently have enacted laws that prohibit employers from assigning nurses mandatory overtime.The New Jersey law covers workers in hospitals and nursing homes, while the West Virginia law only applies to workers in the state's private hospitals.

The New Jersey law, which was strongly opposed by the New Jersey Hospital Association (NJHA), went into effect after a five-year battle led by the Patients First Coalition, a grouping of nurse unions including AFSCME's District 1199J.The NJHA claimed that it would be difficult for hospitals to obey the law because "patient loads and demands on hospitals change daily and they do not have enough staff." In the end, however, lawmakers andthe governor agreed that patient safety was the highest priority and that exhausted, overworked nurses cannot deliver quality care.

A maximum workweek of 40 hours for all hourly employees who provide direct patient care is now mandated by the New Jersey law Any work in excess of 40 hours per week must be voluntary. Exceptions to the ban on mandatory overtime can be made in the case of an "unforeseeable emergent circumstance." Overtime is allowed as a last resort but cannot be used to fill vacancies resulting from chronic short staffing.

The West Virginia law banning mandatory overtime applies to approximately 10,000 registered and licensed practical nurses who work in private hospitals. Nurses who have workedmore than 12 consecutive hours must be given at least eight consecutive hours off.The prohibition does not apply to voluntary overtime or to collective bargaining agreements that have established overtime policies. Forced overtime is allowable during a natural disaster or disease outbreak or in instances needed to complete a single patient procedure.

Mandatory overtime, long held as a significant cause of workplace dissatisfaction among nurses, is now getting the attention of lawmakers across the country. Four other states — Maryland, Minnesota, Oregon and Washington — have laws banning the practice and an additional 17 are considering such laws. Efforts to ban mandatory overtime also are under way at the federal level.

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