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November 6, 2011

DLI Publishes Draft Act 102 Regulations

by Jonathan B. Stepanian, Esq.

The following post is a cross-post from McQuaide Blasko attorney Phil Miles.  Phil’s practice focuses on labor and employment and he publishes Lawffice Space, a blog devoted to labor and employment issues:

Pennsylvania has a law called “Act 102″ or the “Prohibition of Excessive Overtime in Health Care Act.” Per the Pennsylvania Department of Labor and Industry’s (DLI’s) Act 102 website: “Act 102 prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts.” There are exceptions for on-call time, “unforeseeable emergent circumstances,” voluntary overtime, and completion of in-progress patient care.

Although the law has been in effect since July 1, 2009, employers have been stuck trying to fill in some of the legislative gaps without guidance. Now, help is here. DLI published a draft proposed rulemaking: Prohibition of Excessive Overtime in Health Care Act Regulations.

Thanks Phil!  Keep us posted.


Jonathan B. Stepanian, Esq.

Jon is an attorney whose practice is specialized in litigation, complex medical professional liability defense, health care, and providing legal counsel on numerous issues associated with day-to-day hospital operations. He has successfully tried several cases to verdict as first-chair trial counsel before juries in both state and federal court. Jon has also represented clients in appellate litigation, mediation, and in connection with administrative agency investigations.

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