A Law to Ban the Dangerous Practice of Mandatory Overtime Went Into Effect on November 5, 2012. As we progress through the winter flu season, we expect some irresponsible employers will attempt to violate the law and illegally force nurses to work beyond their schedule shift to cover for staffing shortages. Be aware that the Health Policy Commission, which is charged with overseeing the mandatory overtime law, has issued guidelines that make it clear that neither the lack of staff, nor the flu season can be used as justifications for mandatory overtime. We urge any and all nurses who are assigned a mandatory overtime shift to follow the link below and fill out a report with the MNA, which we will share with the Department of Public Health and the Health Policy Commission.
On August 6, 2012, Governor Deval Patrick signed into law a health care payment reform bill that includes a ban on mandatory overtime proposed by the MNA/NNU. The law went into effect on Monday, Nov. 5th and now all hospitals are required to comply with the measure. To assist nurses in understanding this new law and its implications, the MNA has created this web page to provide background on the issue, as well as a mechanism for nurses to report violations of the law.
This is a major victory for the MNA/NNU, all nurses in Massachusetts and most importantly, for our patients. Click here to view the exact language of the new law.
To learn more about the law and how it works, follow this link to a video of an MNA/NNU press conference featuring MNA/NNU President Donna Kelly-Williams and State Representative Denis Garlick, RN (D-Needham) providing an in depth description of the new law:
Specific highlights of the law include:
The law protects nurses by prohibiting any discrimination, dismissal, discharge or any other employment decision based on a nurses' refusal to accept work in excess of the limitations on mandatory overtime. This law affects all Massachusetts hospitals. We are dedicated to making sure this law works the way that the Legislature intended. If your hospital continues to use mandatory overtime after November 5, please let us know immediately. In fact, you can follow the link below to report this violation via an our online Mandatory Overtime Reporting Form. This form is being used by the MNA to report any instances where health care employers are mandating nurses to work overtime in violation of the recently passed law banning this practice.
Please fill out this form so that we can document these violations and report them to the various states agencies who will be charged with enforcing this law.
If you have other questions about this new law and how it will affect you, you can also email MNA/NNU Communications Director David Schildmeier at firstname.lastname@example.org.