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<PRE>[DOCID: f:h1902ih.txt]






                                    


107th CONGRESS
  1st Session
                                H. R. 1902

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              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

_______________________________________________________________________

                                 A BILL


 
   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.''.
                                 &lt;all&gt;

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