Mass. senators file bill to bar mandatory overtime for most hospital workers

State Sen. Jacob R. Oliveira filed legislation Jan. 17 that would prohibit hospitals and specified acute-care facilities in Massachusetts from requiring mandatory overtime for most members of the health care workforce except when a patient-safety emergency requires it and there is no reasonable alternative.

The measure, filed as Senate No. 1362 and referred to the Joint Committee on Labor and Workforce Development, would amend Chapter 111 of the Massachusetts General Laws by replacing section 226 with new language defining where and how mandatory overtime may be used, setting maximum consecutive hours, and requiring public reporting and state guidance.

Under the bill, “facility” is limited to licensed hospitals and certain acute-care units and specifically excludes rehabilitation, skilled-nursing and other long-term care facilities and other Massachusetts correctional facilities. The proposal defines “health care workforce” to include registered nurses, licensed practical nurses, unlicensed assistive personnel and service, maintenance, clerical, professional and technical workers who affect delivery of patient care; it excludes doctors, interns, residents, facility management personnel and correctional security personnel not providing health care services.

The text says a facility “shall not require a member of the health care workforce to work mandatory overtime” except in an emergency situation where patient safety requires it and no reasonable alternative exists. Before requiring overtime in that circumstance, the facility must make a good-faith effort to have the hours covered on a voluntary basis. The bill also states that mandatory overtime “shall not be used as a regular practice for providing appropriate staffing for the level of patient care required.”

The proposal sets numeric limits: the predetermined and regularly scheduled hours agreed between an employee and a hospital may not exceed 12 hours in any 24-hour period; a member of the health care workforce may not exceed 16 consecutive hours worked in a 24-hour period; and a worker who reaches 16 consecutive hours must be given at least 8 consecutive hours off immediately afterward.

The Health Policy Commission, established under section 2 of chapter 6D, would be directed to develop guidelines and procedures to determine what constitutes an emergency situation for the narrow use of mandatory overtime. The bill requires the commission to consult affected employees and employers and to solicit public comment through a hearing while developing those guidelines.

Facilities would be required to report all instances of mandatory overtime and the circumstances requiring its use to the Department of Public Health; for the specified medium-security state correctional institution operated under contract, the contracting company must report to the Department of Corrections. The bill makes such reports public records.

The text frames the change as remedial to protect public health and patient-safety and clarifies it does not waive other rights under laws, regulations or collective-bargaining agreements. It further states that refusing work in excess of the limits set by the bill “shall not be grounds for discrimination, dismissal, discharge, or any other employment decision.”

Sen. Oliveira filed the bill on behalf of himself and other members of the General Court; the filing lists Rodney M. Elliott (16th Middlesex), Rebecca L. Rausch (Norfolk, Worcester and Middlesex), Jason M. Lewis (Fifth Middlesex), Julian Cyr (Cape and Islands), Adam J. Scanlon (14th Bristol) and Dylan A. Fernandes (Plymouth and Barnstable) among petitioners. The filing notes similar matter was filed in the previous session as Senate No. 1209 (2023–2024).

The measure will proceed through the committee process; the text as filed does not record a committee vote or further legislative action.