Since 2009, Pennsylvania healthcare workers have been protected from working mandatory overtime beyond their regular, agreed-upon work hours. Act 102, enforced by the PA Dept. of Labor & Industry, prohibits employers mandating overtime for workers who engage in direct patient care in healthcare facilities, including hospitals, long-term care facilities, among others.
Employees may choose to work available overtime beyond their regularly scheduled shift, and Act 102 protects them from retaliation for refusing to work additional hours. On-call hours cannot be used as a substitute for mandatory overtime, and there are limited exceptions for unforeseen, emergent circumstances. Physicians, physicians assistants, dentists, and service workers not engaged in patient care are not covered by the overtime protections of Act 102.