The New York State Department of Labor (NYSDOL) today announced that an update to the Labor Law restricting mandatory overtime for nurses is now in effect. Under the law, health care employers are prohibited from requiring nurses to work more than their regularly scheduled hours except under limited circumstances, including 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.
“Nurses are the backbone of our state’s health care system,” said New York State Department of Labor Commissioner Roberta Reardon. “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 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. Additionally, the updated law also establishes new monetary penalties for violations.
The updated law also requires all covered health care employers to display a poster, created by the NYSDOL, in a conspicuous location accessible to all employees. The new poster, which is available now in English and Spanish on the NYSDOL website, informs nurses on how they can file a complaint if they believe that they are being subjected to mandatory overtime in violation of the law. It also expands coverage to include nurses employed by facilities licensed or operated by the New York State Office of Children and Family Services.
In accordance with the update, NYSDOL has also appointed Jeanette Lazelle, Deputy Commissioner for Worker Protection, as Enforcement Officer.
A campaign will be launched to educate health care employers and nurses about the new law.
New York State Department of Health Commissioner Dr. James McDonald said, “This new law offers a valuable tool for retaining nurses and rebuilding a resilient health care workforce. All patients deserve quality care, which is unfeasible for nurses who are often required to work shifts that stretch human capabilities."
Nurses who believe their employers are not following these protocols may file a complaint individually or as a group. Complaints may also be filed by their collective bargaining representative. If you are a nurse and believe that your employer is in violation of the law, you can file a complaint online or call (888) 4-NYSDOL, or (518) 457-9000.
Affected employers and employees can visit dol.ny.gov/mandatory-overtime-nurses for more information on the new law and a list of frequently asked questions.
