Mandating nurses to stay

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By Amy J. Traub and Ian Gabriel Nanos. A new law in Massachusetts prohibits hospitals from requiring nursing staff to work mandatory overtime under most circumstances. Citing increased chances for costly mistakes and the dangers to patients associated with mandatory overtime, representatives of the Nurses Association applauded the measure , stating that it will protect patients and ensure safe, quality patient care, while saving money. Employers should be aware that this may be something of a growing trend. Indeed, Massachusetts was not the first state to consider a law of this nature.
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New Restrictions on Mandatory Overtime for Nurses - Kelley Drye & Warren LLP

Mandatory overtime, also known as forced overtime, happens when employees, including nurses and CNAs, are forced to work more hours than they had contracted to work upon hire which is usually 40 hours per week. Forced overtime is imposed. Nurses, CNAs, and other employees cannot opt out of mandatory overtime—hence its name. While some nurses and CNAs likely welcome these additional hours and the overtime pay that comes with it, others nurses and CNAs do not—they are often faced with the choice to work the overtime hours or lose their jobs. And, yes, this is still legal, though some states have established restrictions. Under federal law, employers may require their employees to work overtime. Furthermore, federal law places no restrictions on the number of overtime hours that an employer can require.
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Mandatory Overtime and Its Impact on Nurses and CNAs

Once her tour of duty was over, she accepted a position in the ICU of a busy N. Now, a new law eliminating mandatory overtime, signed by Governor Paterson on August 13, , means nurses in N. Unfortunately, she says, legislation was needed to end these practices.
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Listen Listening Does Michigan have a nursing shortage? That question is at the heart of a push by nurse advocates and some lawmakers for a state law that would set up mandatory nurse-to-patient ratios and prohibit hospitals from ordering nurses to work overtime. Listen above for the full conversation, or catch highlights below.

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