To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain health care employees who provide care to patients.

May 17, 2001

Mr. LANGEVIN (for himself, Mr. KENNEDY of Rhode Island, and Mr. FRANK) introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the Fair Labor Standards Act of 1938 to prohibit forced overtime hours for certain health care employees who provide care to patients.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Patient Care Employees Protection Act'.

SEC. 2. NURSES AND OVERTIME HOURS.

Section 7(j) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(j)) is amended--

(1) by striking `No employer' and inserting `(1) Subject to paragraph (2), no employer'; and

(2) by adding at the end the following:

`(2) An employer described in paragraph (1) may not require an employee covered by an agreement or understanding described in such paragraph (other than a physician) who provides health care to patients to work more than 8 hours in any workday or 80 hours in any 14-day work period, except in the case of a natural disaster or while a Federal, State, or local declaration of a state of emergency is in effect in the locality in which such employee is employed. No such employer may discriminate or take any other adverse action against such an employee for declining to work more than 8 hours in a workday or 80 hours in a 14-day work period. Such an employee may voluntarily work more than 8 hours in any workday or more than 80 hours in a 14-day work period, at the request of the employee's employer. Notwithstanding any provision of title 5 or title 38, United States Code, to the contrary, this paragraph applies to an employee appointed under either such title (other than a physician) who provides health care to patients.'.

END