Your employer does not have to pay you for any on-call time during which you are allowed to do what you please unless and until you are called to duty. Employers are required to post labor laws in an area where employees have access to them. This law’s effective date was July 1, 2009. The Bureau will have to address the particular facts of each use of on call time. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Forced overtime (also known as mandatory overtime) is a topic of constant conflict in many workplaces and a sticking point for labor advocates. Does not apply to facilities and employees which do not fall within the definitions of Health care facility and Employee contained in section 2 of Act 102. If an employer refuses to work mandatory overtime, he or she can be disciplined and terminated. Pennsylvania labor laws require employers to provide a thirty (30) minute break period to employees ages fourteen (14) through seventeen (17) who work five (5) or more consecutive hours. The Fair Labor Standards Act (FLSA) defines overtime as any hours logged over 40 in a work week. What Is Mandatory Overtime? Click here to read more. Even though your paycheck is for 48 hours of work in 1 week, your employer does not have to pay you extra for your 8 hours of "overtime" because you did not WORK the 8 hours you got paid for on Monday. Although Tennessee law does not mention overtime pay, federal law provides this right to all "non-exempt" employees working in Tennessee. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. For example, let's assume that your standard work schedule is to work 8 hours a day Monday through Friday. Unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer, and which could significantly affect patient safety. The answer is yes, an employer can force employees to work mandatory overtime. Pennsylvania employers will have to comply with new overtime rules if proposed changes to the white-collar exemptions are finalized. To stay competitive when attracting and retaining employees, most companies do provide breaks and meal periods, but they are not required to do so. An individual employed by a health care facility, the Commonwealth of Pennsylvania or one of its instrumentalities, or a political subdivision (such as a county, municipality, school district, local government). Although the law does not require your employer to give you a break, your employment or union contract might. Employers can also terminate an employee for refusal to work the mandated overtime. Staffing: The ANA's Primary Concern These events include: an act of terrorism; a natural disaster; and, a widespread disease outbreak. Note that this applies to salaried non-exempt employees as well because the fluctuating workweek method of overtime pay calculation is not permitted under state law. After 40 hours, an employee is entitled to receive no less than one and a half times their regular pay. If an employee typically makes $8 an hour, then their overtime pay would be $12 for all hours worked after 40 hours in an average workweek. Now, starting on December 1, 2016, most employees earning less than $47,476 per year are automatically eligible for overtime. Yes, your boss can tell you that you need to work overtime. An employer should also utilize reasonable efforts to fill the vacancy as described in a previous FAQ. Employees may also agree to work any overtime. Pennsylvania Act 102 covers health care providers (broadly defined) in Pennsylvania. Vacancies arising from chronic short staffing is not an unforeseeable emergent circumstance. The Bureau may review the intent underlying the use of on call time, how it is used and the facility’s needs and past practices, among other things. Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. Pennsylvania’s New Overtime Laws & Rules. Who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. Mandatory Overtime Laws: Everything You Need to Know Federal mandatory overtime laws allow employers to require their employees to work overtime. Unfortunately, many people working today have misconceptions about labor laws and are unsure where to go for help. 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