When can a health care facility require certain hourly employees to work overtime?
A. In order to comply with the provisions of the law, a health care facility must meet the following three requirements: The required overtime must be in response to an unforeseeable emergent circumstance and only as a last resort and not used to fill vacancies resulting from chronic short staffing. An “unforeseeable emergent circumstance” means an event that is unpredictable and non-recurring relating to health care delivery that requires immediate action. “Chronic short staffing” means a situation characterized by long standing vacancies that remain unfilled over a period of 90 days or more. The employer has exhausted reasonable efforts to obtain staffing.
