H‑0216.3   _____________________________________________

 

HOUSE BILL 1527

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Conway, Campbell, Cody, Kenney, Dunshee, Edwards, Wood, Edmonds, Simpson, Keiser and Santos

 

Read first time 01/29/2001.  Referred to Committee on Commerce & Labor.

_1      AN ACT Relating to prohibiting health care facilities from

_2  requiring employees to perform overtime work; adding a new section

_3  to chapter 49.28 RCW; and prescribing penalties.

     

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_5      NEW SECTION.  Sec. 1.  A new section is added to chapter 49.28

_6  RCW to read as follows:

_7      (1) The definitions in this subsection apply throughout this

_8  section unless the context clearly requires otherwise.

_9      (a) "Employee" means a nonsupervisory individual employed by a

10  health facility who is involved in direct patient care activities

11  or clinical services and who receives an hourly wage or is

12  classified as a nonsupervisory employee for collective bargaining

13  purposes.

14      (b) "Employer" means an individual, partnership, association,

15  corporation, or person or group of persons acting directly or

16  indirectly in the interest of a health care facility.  "Employer"

17  includes all state institutions and political subdivisions of the

18  state.

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_1      (c) "Health care facility" means a health care facility

_2  licensed by the state or authorized to provide care within the

_3  state.

_4      (d) "Overtime" means the hours worked in excess of an agreed

_5  upon, predetermined, regularly scheduled shift or work week, as

_6  determined by contract, established work scheduling practices,

_7  policies, or procedures.

_8      (2) No employee of a health care facility can be required or

_9  forced to work overtime.  Any other attempts to compel or force

10  employees to work overtime are contrary to public policy and any

11  such requirement contained in any contract, agreement, or

12  understanding executed after the effective date of this section is

13  void.

14      (3)(a) Notwithstanding any provision of law to the contrary, no

15  health care facility shall require an employee to accept work in

16  excess of an agreed upon, predetermined, regularly scheduled shift

17  or work week, as determined by contract, established work

18  scheduling practices, policies, or procedures.

19      (b) The acceptance by any employee of such work in excess of an

20  agreed upon, predetermined, regularly scheduled shift or work

21  week, as determined by contract, established work scheduling

22  practices, policies, or procedures is strictly voluntary and the

23  refusal of any employee to accept such overtime work is not

24  grounds for discrimination, dismissal, discharge, or any other

25  penalty, threats of reports for discipline, or employment decision

26  adverse to the employee.

27      (c) This section shall not apply in the case of an unforeseen

28  national, state, or municipal emergency, and then overtime is

29  required only as a last resort.

30      (4)(a) Any employer who violates this section is subject to a

31  penalty under RCW 49.28.030.  If there are three or more violations

32  of this section per health care facility within a calendar year,

33  the fines shall treble for the fourth and subsequent violations.  If

34  any health care facility has seven or more violations, such

35  facility shall be investigated and if the investigators find an

36  ongoing pattern of deliberate violations of this section, the

37  health care facility license may be suspended or revoked.  If a

38  health care facility is found to deliberately violate the

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_1  provisions of this section, a notice of the violation will be

_2  published in the Washington state register to include the name of

_3  the institution, date of violation, and the method of remedy

_4  provided to the employee.  Such notice shall be published in the

_5  Washington state register within thirty days of resolution of the

_6  complaint, lawsuit, or both.  The violation shall also be reported

_7  to state and federal health care licensure and accrediting

_8  organizations.

_9      (b) In any retaliatory or employment suit brought for

10  violations of this section, the fact that any employee worked in

11  excess of forty hours per week and any evidence thereto is a prima

12  facie violation of this section.  To rebut this presumption,

13  employers must prove that a federal, state, or national emergency

14  occurred and overtime is required only as a last resort at the

15  time the employee was forced or compelled to work.

16      (c) The employee who initially reports violations of this

17  section, which lead to sanctions of the health care facility, has

18  the right to receive twenty percent of the fine for making the

19  report.

 

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