Mandating work

Posted by / 01-Mar-2020 23:22

Mandating work

As the Baby Boomer generation ages, an unprecedented number of patients have entered the health-care system.Notwithstanding this paragraph, a worker may not be required to work beyond the limits prescribed in subsection 2 for more than 4 consecutive weeks.Nurses cannot be forced to work beyond their regularly scheduled shifts.Even in cases of emergency, nurses cannot work longer than 4 hours beyond their scheduled shift.The employee could agree to work the "overtime" voluntarily or the employer could mandate that the employee work the "overtime" involuntarily if one of the narrow exceptions to mandatory overtime were to apply (for example, unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer and which would significantly affect patient safety.) The bottom line is that, even if a health care provider that does not mandate overtime as defined by the FLSA, the health care provider may be covered by Act 102 if it requires that a covered employee remain beyond her or his agreed to, predetermined and regularly scheduled shift.This is all but inevitable in most health care institutions.Generally speaking, covered employees include employees directly involved in direct patient care and other clinical services.Employees not covered by Act 102 include, but are not limited to, physicians, physician assistants and patient care/clinical supervisors who are paid on a salaried (but not hourly) basis.

All of them need care, and they deserve expert care.After working overtime, hourly nurses in Maine must be given at least 10 consecutive hours off.Employers cannot require nurses to work longer than the regularly scheduled hours outlined in a predetermined schedule.If you are protected by the Americans with Disabilities Act (ADA) or Rehabilitation Act, then your employer might be required to modify your mandatory overtime schedule to reasonably accommodate your disability.Without union representation (or a potential disability protection mentioned above) and outside of filing a lawsuit, negotiating one-on-one or through your attorney is likely to be the only "legal" way to convince your employer to reduce your mandatory overtime work hours.

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