Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1209

Introduced
2/16/23  
Refer
2/16/23  

Caption

To prohibit mandatory overtime

Impact

The bill seeks to influence state laws by establishing a legal framework that restricts how health care facilities can enforce overtime on their staff. This policy is particularly relevant given the ongoing discussions around workforce conditions within the health care sector, especially in light of staffing shortages exacerbated by the COVID-19 pandemic. Through this legislation, Massachusetts aims to uphold a standard of working conditions for health care workers, thus improving retention rates and ultimately enhancing patient care quality. If enacted, the bill will require facilities to adhere strictly to these guidelines, reporting any instances of mandatory overtime to the relevant health department.

Summary

Senate Bill S1209, titled 'An Act to prohibit mandatory overtime,' aims to amend Chapter 111 of the Massachusetts General Laws to prohibit mandatory overtime for members of the health care workforce in most circumstances. It defines mandatory overtime as hours worked that exceed a predetermined and regularly scheduled amount agreed upon by the employer and employee, specifically prohibiting such practices unless it is an emergency situation where patient safety is at risk and no reasonable alternative exists. This initiative emerges as a response to concerns regarding the health and well-being of health care workers, patient safety, and the quality of care provided in medical facilities.

Conclusion

Ultimately, Senate Bill S1209 reflects a significant step toward legislative intervention in labor practices within health care. It emphasizes the importance of not only protecting worker rights but also ensuring the standards for patient care are upheld amid ongoing challenges within the health care sector. The bill provides a framework that advocates hope will serve as a model for other states in similar circumstances, while also potentially influencing future discussions around workplace regulations in critical service sectors.

Contention

Although considerable support exists for S1209, particularly among labor advocates and health policy groups advocating for better work conditions, there are points of contention among various stakeholders. Some facility administrators raise concerns that strict limitations on overtime could impact the ability to respond adequately staffing needs during peak periods or emergencies. The legislation could impose challenges for facilities that already face staffing shortages, leading to ongoing debates about the balance between employee rights and the operational needs of health care institutions. Further, the bill outlines that facilities must attempt to fill shifts voluntarily before resorting to mandatory overtime, which introduces additional procedural requirements that may not be feasible in practice.

Companion Bills

MA S1173

Similar To Further regulating Sunday overtime wages

MA H1838

Similar To To prohibit mandatory overtime

MA H1867

Similar To Clarifying mandatory overtime protections

MA H4440

Similar To Updating overtime protections to protect the Commonwealth's middle class workers

MA H4634

Replaced by Study Order

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