NY Labor Law Now Restricts Mandatory Overtime For Nurses

NEW YORK — A recent update to the New York labor law means that mandatory overtime for nurses is now restricted, the New York State Department of Labor announced in a news release Thursday.

The law prohibits health care employers 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, officials said.

“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.”

Under the law, employers are required to notify the New York State Department of Labor when mandatory overtime is required, officials said. Additional reporting is required 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, according to officials.

"This new law offers a valuable tool for retaining nurses and rebuilding a resilient health care workforce," New York State Department of Health Commissioner Dr. James McDonald said in the news release. "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 online or call (888) 4-NYSDOL, or (518) 457-9000, officials said.

More information is available at the Department of Labor's website.