Research shows that a lower patient-to-nurse ratio leads to better patient outcomes. Yet, with today’s shortage of nurses, more and more hospitals are scheduling nurses to cover a larger number of patients and work longer hours. This not only increases the risk of burnout and further contributes to the nursing shortage but also puts nurses at an increased risk of making mistakes that could threaten their professional licensure. Nurses in this situation are not alone and have rights. The following will discuss these rights and give you some options if you find yourself in this situation.
Understanding safe-staffing laws
Safe-staffing laws help hospitals maintain an adequate number of qualified staff to provide safe and effective patient care. These laws vary by state but generally aim to prevent understaffing, which can lead to burnout and compromised patient safety. Pennsylvania recently considered a proposal to set minimum staffing ratios. It passed the House but appears to have died in the Health and Human Services committee within the Senate.
Although this more encompassing proposal died, Pennsylvania does have some staffing requirements. The commonwealth requires one full-time equivalent (FTE) clinical staff member for every six patients at adult partial hospitalization programs, for example, as well as one FTE for every five patients at children and youth partial hospitalization programs.
Overtime regulations and your rights
While overtime can be a necessary part of healthcare work, there are legal limits to what hospitals can demand. Federal and state laws regulate overtime to protect employees from excessive work hours that can lead to fatigue and errors. These protections can include:
- Mandatory overtime restrictions: Many states have laws that limit or prohibit mandatory overtime for nurses. These laws can help prevent fatigue-related errors and increase the likelihood that nurses provide safe patient care.
- Overtime pay requirements: The Fair Labor Standards Act (FLSA) requires non-exempt employees overtime pay if they work more than 40 hours in a workweek.
These regulations protect healthcare workers from being overworked and help to better ensure they are compensated fairly for their time. There are exceptions and it is important to note that nurses who are on a salary or fee basis are often exempt.
Circling back to the original question, the answer depends on the details of the situation. Those who are hired hourly may qualify for overtime protections while those salaried likely do not. Even so, certain protections are available if a nurse feels unfairly compensated or asked to work too much. An attorney experienced with wage and hour disputes can review your situation and discuss your options.