Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts.
There are a few professional ways to politely decline overtime work requests: Express your availability. Explain that you have prior commitments or personal obligations that prevent you from working overtime during that time period. Offer to help another time if possible. Suggest alternatives.
Some employers try to avoid paying overtime by moving their employee's hours between workweeks or averaging it between two workweeks. For example, some employers will try to avoid paying overtime to an employee who works 50 hours by only having them work 30 hours the following week.
The law allows employers to classify those employees earning over $455 per week as salaried workers. In this case, overtime regulations don't apply. For that reason, employers attempt to misclassify employees making below that threshold as salaried and avoid paying overtime rates in this way.
With organ and tissue transplantation becoming an important part of health care across the country, the Pennsylvania legislature enacted Act 102 in 1994 to educate state residents and encourage them to become organ and tissue donors.
The norms for standard work hours in Pennsylvania are influenced by both state and federal labor laws. Full-time employment is generally considered to be between 30 and 40 hours per week. However, the specific definition of full-time can vary based on industry standards or employer policies.
Act 102 allows mandatory overtime for absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by the employer and which could significantly affect patient safety.
All overtime is voluntary and may only be worked by agreement between employer and employee. Maximum permissible overtime is 3 hours on anyone day or 10 hours in any 1 week.