Minnesota § 181.275 REGULATING NURSES' OVERTIME

Minnesota Statutes

§ 181.275 — REGULATING NURSES' OVERTIME

Minnesota § 181.275

PartLABOR, INDUSTRY

Ch. 181EMPLOYMENT

This text of Minnesota § 181.275 (REGULATING NURSES' OVERTIME) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 181.275 (2026).

Text

Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them:

(1)"emergency" means a period when replacement staff are not able to report for duty for the next shift or increased patient need, because of unusual, unpredictable, or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions, or natural disasters which impact continuity of patient care;

(2)"normal work period" means 12 or fewer consecutive hours consistent with a predetermined work shift;

(3)"nurse" has the meaning given in section148.171, subdivision 9, and includes nurses employed by the state of Minnesota; and

(4)"taking action against" means discharging; disciplining; penalizing; interfering with; threatening;

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Subdivision 1.Definitions.
For purposes of this section, the following terms have the meanings given them:
(1) "emergency" means a period when replacement staff are not able to report for duty for the next shift or increased patient need, because of unusual, unpredictable, or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions, or natural disasters which impact continuity of patient care;
(2) "normal work period" means 12 or fewer consecutive hours consistent with a predetermined work shift;
(3) "nurse" has the meaning given in section148.171, subdivision 9, and includes nurses employed by the state of Minnesota; and
(4) "taking action against" means discharging; disciplining; penalizing; interfering with; threatening; restraining; coercing; reporting to the Board of Nursing; or otherwise retaliating or discriminating against regarding compensation, terms, conditions, location, or privileges of employment.

Subd. 2.Prohibited actions.
Except as provided in subdivision 3, a hospital or other entity licensed under sections144.50to144.58, and its agent, or other health care facility licensed by the commissioner of health, and the facility's agent, is prohibited from taking action against a nurse solely on the grounds that the nurse fails to accept an assignment of additional consecutive hours at the facility in excess of a normal work period, if the nurse declines to work additional hours because doing so may, in the nurse's judgment, jeopardize patient safety. This subdivision does not apply to a nursing facility, an intermediate care facility for persons with developmental disabilities, a licensed boarding care facility, or a housing with services establishment.

Subd. 2a.State nurses.
Subdivision 2 applies to a nurse employed by the state of Minnesota regardless of the type of facility in which the nurse is employed and regardless of the facility's license, if the nurse is involved in resident or patient care.

Subd. 2b.
MS 2007 Supp [Expired]

Subd. 2c.Collective bargaining rights.
This section does not diminish or impair the rights of a person under any collective bargaining agreement.

Subd. 3.Emergency.
Notwithstanding subdivision 2, a nurse may be scheduled for duty or required to continue on duty for more than one normal work period in an emergency.

Subd. 4.Exception.
Section645.241does not apply to violations of this section.