HB 5357 Summary

• Prohibits hospitals from requiring nurses (registered nurses, practical nurses, and nurse's aides) to work mandatory overtime, effective July 1, 2022, with limited exceptions for patient safety emergencies.

• Defines overtime as working beyond a predetermined scheduled shift with 48-hour notice, more than 12 hours in 24 hours, during a 10-hour rest period after an 8-hour shift, or more than 48 hours per week.

• Permits mandatory overtime only when patient safety requires it and no reasonable alternative exists: ongoing surgical procedures, critical care unit staffing gaps, public health emergencies, or institutional emergencies with good faith mitigation efforts.

• Requires hospitals to first seek voluntary overtime coverage and prohibits mandatory overtime as a regular practice for routine staffing needs caused by typical absenteeism or approved time off.

• Establishes reporting requirements to the Department of Public Health and allows nurses to file civil actions for violations with statutory damages of $250-$1,000 per violation, plus attorney's fees and reinstatement rights.