Act 102: Prohibition of Excessive Overtime in Health Care Act

The Prohibition of Excessive Overtime in Health Care Act (Act 102) prohibits a health care facility from requiring employees to work more than agreed to, predetermined, and regularly scheduled work shifts. Act 102 covers employees involved in direct patient care or clinical care services who receive an hourly wage or who are classified as nonsupervisory employees for collective bargaining purposes.

Act 102 does not prevent an employee from working more than an 8-hour shift if this shift is agreed to and regularly scheduled. Employees may also agree to work any overtime.

This law does not prohibit overtime for on-call time or for certain unforeseeable emergent circumstances as defined in that law. Act 102 also allows overtime if an employee must complete a patient care procedure already in progress at the end of regularly scheduled shift and the employee's absence could have an adverse effect on the patient.

• Act 102 governs health care facilities. These facilities provide clinically related health services, regardless of whether the operation is for profit or nonprofit, by the private sector or by state or local government. A health care facility includes: 
• A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility.
• A facility that provides clinically related health services, and is operated by Pennsylvania's Departments of Corrections, Health, Military and Veterans Affairs or Human Services.
• Intermediate care facilities for persons with intellectual disabilities operated by the Pennsylvania Department of Human Services.

Act 102 does not restrict an employer from providing employees more protection from mandatory overtime than the minimum protections established under this act or offering incentives for employees to work overtime. However, an employer may not retaliate against an employee who refuses to work overtime in violation of this law.

An employee required to work more than 12 consecutive hours under Act 102's exceptions or who volunteers to work more than 12 consecutive hours must receive 10 consecutive hours of off-duty time immediately following the worked overtime. An employee may waive this off-duty time, however.

Labor & Industry's Bureau of Labor Law Compliance enforces Act 102 and investigates alleged violations. Labor & Industry may impose civil fines of $100 to $1,000 of any health care facility or employer for each violation and corrective orders.

Administrative Penalties resulting from cases settled under the Prohibition of Excessive Overtime in Health Care Act (Act 102).

Updated December 20, 2022