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[DOCID: f:h1289ih.txt]
107th CONGRESS
1st Session
H. R. 1289
To amend the Fair Labor Standards Act of 1938 to prohibit forced
overtime hours for certain licensed health care employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2001
Mr. Lantos (for himself, Mr. McGovern, Ms. Solis, Mr. Bonior, Mr.
Frank, Mr. Hilliard, Ms. Kilpatrick, Mr. Thompson of Mississippi, Mr.
Kildee, Ms. McKinney, Mr. Kucinich, Ms. Roybal-Allard, Ms. Lee, Mrs.
Napolitano, Ms. Woolsey, Mr. Filner, Ms. Kaptur, Mr. Baca, Mr.
Delahunt, Mr. Brady of Pennsylvania, and Mr. Borski) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to prohibit forced
overtime hours for certain licensed health care employees.
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 ``Registered Nurses and Patients
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
paragraph (1) who is a licensed health care employee (including a
registered nurse but not including a physician) 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. 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 who is a licensed health care employee (including a
registered nurse but not including a physician).''.
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