Mandatory overtime for nurses in New York is now tightly restricted under a state measure that recently took effect.
Health care employers are now prohibited from requiring nurses to work more than their regularly scheduled hours except under limited circumstances, according to the new state law.
Those exceptions that allow for mandatory overtime 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.
How will NY nurse mandatory overtime restrictions work?
The law now requires a health care employer to notify state Department of Labor when exceptions to limitations on mandatory overtime are in use.
Additional reporting is required to labor officials and the state Department of Health when exceptions are in use for fifteen days or more in a given month, and forty-five days or more in a consecutive three-month period.
The new law also expands coverage to include nurses employed by facilities licensed or operated by the New York State Office of Children and Family Services.
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All covered health care employers must also now display a poster, created by state officials, in a conspicuous location accessible to all employees.
The new poster, which is available now in English and Spanish on the Labor Department website, informs nurses on how they can file a mandatory overtime complaint.
How to file a mandatory over time complaint in NY
If you believe that your employer mandated overtime in violation of the law, you can file a state complaint form.
Get an electronic version of the form at the Labor Department website, or call (888) 4-NYSDOL or (518) 457-9000 to obtain a hard copy. Submit the completed form by mail or fax to the address shown at the top of the form. A complaint must be made in good faith, state records show.
What are the penalties for…
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