Page 192 - An Indispensible Resource for Being a Credible Activist

noncash remuneration for performing volunteer ski-patrol activities or ski-area program
activities sponsored by a ski-area operator or by a nonprofit company or company. In addi-
tion, the redefinition of the term “employee” now excludes any individual who is registered
with the National Ski Patrol or a similar nonprofit ski-patrol company as a nonprofessional
ski patroller and who receives no wage other than passes authorizing access to, and use of,
a ski area for performing ski-patrol services, including, but not limited to, services related
to preserving the safety of, and providing information to, skiers or snowboarders.
Worker privacy. The scope of public records exempted from disclosure was expanded
to include records of the home address and home phone number of any public-safety officer
listed in the records of the State Department of Public Safety Standards and Training if said
officer requests such an exemption.

PENNSYLVANIA

Overtime health care. Individuals who, as a condition of employment, have agreed to be
available to return to the place of employment on short notice if the need arises shall do so
in the event of an unforeseeable declared national, State, or municipal emergency that is
unpredictable or unavoidable and that will substantially affect the provision of or the need
for health care services. The employer must make reasonable efforts (1) to seek persons who
will volunteer to work extra time from all available qualified staff working at the time of the
unforeseeable emergency, (2) to contact all qualified employees who have made themselves
available to work extra time, (3) to seek the use of per diem staff, or (4) to seek personnel
from a contracted temporary agency. The health care facility shall neither require an
employee to work in excess of an agreed-upon predetermined and regularly scheduled daily
work shift nor prevent an employee from voluntarily accepting work in excess of these lim-
itations. An employee who refuses to accept overtime shall not be subjected to discrimina-
tion, dismissal, discharge, or any other employment decision adverse to the employee. The
State Department of Labor and Industry may levy an administrative fine on a health care
facility or employer that violates this regulation, and the fine shall be not less than $100 or
more than $1,000 for each violation.

PUERTO RICO

Discharge. Legislation was enacted to discourage the incidence of employee discharge with-
out just cause and to provide discharged employees with some resources that would enable
them to make a reasonable transition to a new workplace. The allowance for compensation
and progressive indemnity for discharge without good cause shall be computed on the basis
of the highest number of regular working hours of the employee during any period of 30
consecutive calendar days within the year immediately preceding the discharge. Employees
who are discharged due to technological changes or re-company or due to the total or par-
tial ceasing of operations of an enterprise are excluded from the compensation called for by
the legislation.

CHAPTER 11 • Different Laws in Different States 175