What is the max amt of hours your employer can mandate you to stay over and work? You have already w

I work in a hospital setting and due to fluctuations in staffing and patient census, we are occasionally mandated to work over past our regularly scheduled time out. We would like to know the maximum amt our employer can mandate us as there is some discrepancy in what people agree is the most. Thank You!

2 answers  |  asked Oct 9, 2010 4:28 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
It is true that employment statutes rarely designate maximum number of hours that can be worked. However, since you work in the health-care industry (you have not stated whether or not you are a health-care professional) it is possible that some state regulatory agency (eg. Board of Nursing) could advocate for you.

Hospitals have increasingly put pressure on workers to be "available" to work according to patient census and have also sent employees home during scheduled hours when there are discharges and the census drops below a certain point (I'm probably telling you something you already know.) The trends are very troubling and I know from personal experience that patients are at risk because of these practices. Right now, I know of no particular governing body that has jurisdiction over these problems. Maybe a legislator will take up the fight.

posted by Neil Rubin  |  Oct 11, 2010 4:23 PM [EST]
Bruce Elfvin
In part the answer to this question is driven by what job or jobs are affected by this "working past," and under federal law there are very few occupations which have a maximum number of hours. It will also depend on whether the jobs are covered by a union agreement. You need to speak to an employment attorney near you.

You can find one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Oct 11, 2010 08:42 AM [EST]

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