New Jersey § 34:11-56a34

§ 34:11-56a34.

a. Notwithstanding any provision of law to the contrary, no health care facility shall

require an employee to accept work in excess of an agreed to, predetermined and regularly

scheduled daily work shift, not to exceed 40 hours per week. b. The acceptance by any employee of such work in excess of an agreed to, predetermined

and regularly scheduled daily work shift, not to exceed 40 hours per week, shall be

strictly voluntary and the refusal of any employee to accept such overtime work shall

not be grounds for discrimination, dismissal, discharge or any other penalty or employment

decision adverse to the employee. c. The provisions of this section shall not apply in the case of an unforeseeable

emergent circumstance when: (1) the overtime is required only as a last resort and

is not used to fill vacancies resulting from chronic short staffing, and (2) the employer

has exhausted reasonable efforts to obtain staffing. In the event of such an unforeseeable emergent circumstance, the employer shall

provide the employee with necessary time, up to a maximum of one hour, to arrange

for the care of the employee's minor children or elderly or disabled family members. The requirement that the employer shall exhaust reasonable efforts to obtain staffing

shall not apply in the event of any declared national, State or municipal emergency

or a disaster or other catastrophic event which substantially affects or increases

the need for health care services. d. In the event that an employer requires an employee to work overtime pursuant to

subsection c. of this section, the employer shall document in writing the reasonable

efforts it has exhausted. The documentation shall be made available for review by the Department of Health

and Senior Services and the Department of Labor.