Thursday, October 27, 2011

DLI Publishes Draft Act 102 Regulations

Pennsylvania has a law called "Act 102" or the "Prohibition of Excessive Overtime in Health Care Act." Per the Pennsylvania Department of Labor and Industry's (DLI's) Act 102 website: "Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts." There are exceptions for on-call time, "unforeseeable emergent circumstances," voluntary overtime, and completion of in-progress patient care.

Although the law has been in effect since July 1, 2009, employers have been stuck trying to fill in some of the legislative gaps without guidance. Now, help is here. DLI published a draft proposed rulemaking: Prohibition of Excessive Overtime in Health Care Act Regulations.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.