A new state law now restricts mandatory overtime for nurses.
The State Department of Labor announced that 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.
Department of Labor Commissioner Roberta Reardon said the new law is to help prevent burnout.
The law now requires a health care employer to notify the Department of Labor when exceptions to limitations on mandatory overtime are in use. Additional reporting is required to the DOL 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 expands coverage to include nurses employed by facilities licensed or operated by the New York State Office of Children and Family Services.
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.
It’s a decision long overdue!