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​ Prohibition of Excessive Overtime in Health Care Act

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Act 102 Summary

The Prohibition of Excessive Overtime in Health Care Act (Act 102) prohibits a health care facility from requiring employees to work more than agreed to, predetermined, and regularly scheduled work shifts. Act 102 covers employees involved in direct patient care or clinical care services who receive an hourly wage or who are classified as nonsupervisory employees for collective bargaining purposes.

Act 102 does not prevent an employee from working more than an 8-hour shift if this shift is agreed to and regularly scheduled. Employees may also agree to work any overtime.

This law does not prohibit overtime for on-call time or for certain unforeseeable emergent circumstances as defined in that law. Act 102 also allows overtime if an employee must complete a patient care procedure already in progress at the end of regularly scheduled shift and the employee's absence could have an adverse effect on the patient.

Act 102 governs health care facilities. These facilities provide clinically related health services, regardless of whether the operation is for profit or nonprofit, by the private sector or by state or local government. A health care facility includes:

    • A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility.
    • A facility that provides clinically related health services, and is operated by Pennsylvania's Departments of Corrections, Health, Military and Veterans Affairs or Human Services.
    • Intermediate care facilities for persons with intellectual disabilities operated by the Pennsylvania Department of Human Services.

Act 102 does not restrict an employer from providing employees more protection from mandatory overtime than the minimum protections established under this act or offering incentives for employees to work overtime. However, an employer may not retaliate against an employee who refuses to work overtime in violation of this law.

An employee required to work more than 12 consecutive hours under Act 102's exceptions or who volunteers to work more than 12 consecutive hours must receive 10 consecutive hours of off-duty time immediately following the worked overtime. An employee may waive this off-duty time, however.

Labor & Industry's Bureau of Labor Law Compliance enforces Act 102 and investigates alleged violations. Labor & Industry may impose civil fines of $100 to $1,000 of any health care facility or employer for each violation and corrective orders.

Contact a Regional Office:

Altoona Regional Office:
1130 Twelfth Avenue, Suite 200
Altoona, PA 16601-3486
Telephone: 1-877-792-3486 or 814-940-6224

Harrisburg Regional Office:
1301 L&I Building
651 Boas Street
Harrisburg, PA 17121
Telephone: 717-787-4671 or 1-800-932-0665

Philadelphia Regional Office:
110 North 8th Street, Suite 203
Philadelphia, PA 19130-4064
Telephone: 215-560-1858

Pittsburgh Regional Office:
301 5th Avenue
Room 350
Pittsburgh, PA 15222
Telephone: 1-877-504-8354 or 412-565-5300

Scranton Regional Office:
201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
Telephone: 570-963-4577 or 1-877-214-3962

This summary is intended as general information only and does not carry the force of a legal opinion.