2002 -- S 2224

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO HEALTH AND SAFETY -- HEALTH CARE FACILITIES STAFFING

     Introduced By: Senators Graziano, Polisena, and Igliozzi

     Date Introduced: January 24, 2002

     Referred To: Senate Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 17.20

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HEALTH CARE FACILITIES STAFFING

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     23-17.20-1. Purpose. -- It is declared to be the public policy of this state to establish a

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maximum work day and work week for certain hourly wage health care facility employees,

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beyond which the employees cannot be required to perform overtime work, in order to safeguard

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their health, efficiency, and general well-being as well as the health and general well-being of the

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persons to whom these employees provide services.

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     23-17.20-2. Definitions. -- As used in this chapter:

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     (1) “Employee” means a person employed by a health care facility who receives a regular

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hourly wage;

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     (2) “Employer” means a person, partnership, association, corporation or group of persons

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acting directly or indirectly in the interest of a health care facility;

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     (3) “Health care facility” means a health care facility as defined in section 23-17-2(5);

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     (4) “Overtime work” means work in excess of either eight (8) hours per day or forty (40)

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hours per week; and

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     (5) “Regular hourly wage” means the amount that an employee is regularly paid for each

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hour of work as determined by dividing the total hours of work during the week into the

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employee’s total earnings for the week, exclusive of pay for overtime work.

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     (6) “Emergency” means the sudden onset of circumstances that in the absence of

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immediate medical attention could reasonably be expected to result in placing the health of

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patients in serious jeopardy, serious impairment to bodily or mental functions, or serious

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dysfunction of any bodily organ or part.

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     23-17.20-3. Overtime requirement. -- (a) The requirement that an employee of a health

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care facility accept work in excess of an agreed to, predetermined scheduled work shift of eight

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(8), ten (10) or twelve (12) hours, not to exceed forty (40) hours per week, is declared to be

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contrary to public policy, and any such requirement contained in any contract, agreement or

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understanding executed after the effective date of this act shall be void.

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     (b) Notwithstanding any provision of law to the contrary, no health care facility shall

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require an employee to accept work in excess of an agreed to, predetermined scheduled work shift

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of eight (8), ten (10), or twelve (12), hours not to exceed forty (40) hours per week.

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     (c) The acceptance by any employee of such work in excess of an agreed to

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predetermined scheduled work shift of eight (8), ten (10) or twelve (12) hours, not to exceed forty

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(40) hours per week shall be strictly voluntary and the refusal of any employee to accept such

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overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty

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or employment decision adverse to the employee. In the event of an emergency, as the same is

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defined in section 23-17.20-2 herein, a health care facility may require an employee to accept

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work in excess of an agreed to, predetermined scheduled work shift of eight (8) or ten (10) hours.

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Such additional work shall not exceed four (4) hours for an agreed to, predetermined scheduled

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work shift of eight (8) hours or two (2) hours for an agreed to, predetermined scheduled work

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shift of ten (10) hours. In any event, no employee shall work for a period in excess of twelve (12)

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hours in any one (1) shift.

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     23-17.20-4. Penalty for violations. -- Any employer who violates or fails to comply

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with any of the provisions of this chapter is liable to the employee affected for an amount equal to

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three (3) times the employee’s regular hourly wage, less any amount actually paid to the

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employee by the employer, and this payment shall be treated as wages as defined in chapter 14 of

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title 28.

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     23-17.20-5. Severability. -- If any provision of this chapter, or the application of any

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provision to any person or circumstance, is held invalid, the remainder of the chapter and the

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application of the provision to other persons or circumstances are not affected by the invalidity.

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SECTION 2. This act shall take effect upon passage.

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LC00272

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- HEALTH CARE FACILITIES STAFFING

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     This act would establish a maximum work day and work week for certain hourly wage

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health care facility employees, and would provide penalties for any violations.

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     This act would take effect upon passage.

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LC00272

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