Updated state law now prohibits mandatory nurse overtime

ALBANY, N.Y. — Mandatory overtime for nurses is now prohibited under an updated  state law that took effect Thursday.

Under the law, health-care employers are prohibited from requiring nurses to work more than their regularly scheduled hours “except under limited circumstances,” the New York State Department of Labor (NYSDOL) announced.

The circumstances include a health-care disaster; a declaration of emergency; or when required for safe patient care such as during an unforeseen emergency or an ongoing medical or surgical procedure, NYSDOL said.

“Nurses are the backbone of our state’s health-care system,” Roberta Reardon, commissioner of the New York State Department of Labor, said. “We need to recognize their invaluable contributions by ensuring they have the support and protections they need to do their job effectively. This new law prevents burnout and empowers these essential workers to continue providing exceptional care to New York families statewide.”

The law now requires a health-care employer to notify NYSDOL when exceptions to limitations on mandatory overtime are in use. Additional reporting is required to NYSDOL and the New York State Department of Health when exceptions are in use for 15 days or more in a given month, and 45 days or more in a consecutive three-month period.

Additionally, the updated law also establishes new monetary penalties for violations.

The updated law also requires all covered health-care employers to display a NYSDOL poster in a location where all employees can see it. The new poster gives nurses details on how they can file a complaint if they believe their employer is subjecting them to mandatory overtime in violation of the law.

The new poster available now in English and Spanish on the NYSDOL website.

It also expands coverage to include nurses employed by facilities licensed or operated by the New York State Office of Children and Family Services, NYSDOL noted.