In July 2009, the Pennsylvania Department of Labor & Industry was scheduled to begin enforcing Act 102 for all health care facilities. Recently, PSNA has received questions and concerns from nurses related to lack of enforcement and continued mandated overtime.
What is Act 102? Act 102 prohibits a health care facility from “requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts.” Employees covered under Act 102 are individuals involved in direct patient care or clinical care services who receive an hourly wage or who are classified as non-supervisory employees for collective bargaining purposes.
To date there has been no regulation promulgated by the Department of Labor & Industry. However, it is a violation of the law should individuals in direct patient care be mandated to work beyond their regularly-scheduled shift. PSNA recommends you obtain a formal declaration, in writing, that the institution is mandating your overtime.
Click here to learn more about mandatory overtime. To read Act 102, click here.
If you feel that your institution is violating this law, click here to access an online complaint form through the Department of Labor & Industry or call your 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 3300
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