New York Nurses United
    - a rank & file caucus of nurses working together to build a stronger, democratic, professional organization & union.
*This is not an official State Association or Union site*
It's the Law in New York - No Mandatory Overtime for Nurses!
On July 1 2009, Labor Law 167 took effect prohibiting mandatory overtime for registered nurses and licensed practical nurses working in private and public hospitals and nursing homes!  After nearly a decade of struggle, New York joins 14 other states in preventing employers from forcing nurses to work longer hours.

Nurses can voluntarily agree to work overtime but facilities cannot require their nurses to work more than their regularly scheduled shift.  There are exceptions such as in cases of natural or other disasters, or if the nurse is in the midst of a procedure and is needed to complete it for the patient's health. 
It's time to put the law into practice- Know your rights and enforce them!
  • If you work in a hospital or nursing home you cannot be required to work beyond your regularly scheduled hours unless one of these four conditions exist:
          1.  A Healthcare Disaster that unexpectedly increases the need for healthcare personnel.
          2.  A Federal, State or County Declaration of Emergency in the county in which the Nurse is                            employed or in a contiguous county.
          3.  An on-going medical or surgical procedure in which the Nurse is actively engaged and whose                   presence is needed to ensure the health and safety of the patient.
          4.  An employer-determined emergency, “defined as an unforeseen event that could not be                             prudently planned for by an employer and does not regularly occur.”  

  • Your employer cannot use mandatory overtime to cover regular or routine sick calls, chronic short staffing due to vacancies, vacations, breaks during shifts, holidays, and leaves of absence.

  • No employer can use on-call time as a substitute for mandatory overtime or as a way to avoid complying with the intent of the legislation.

  • Health care employers are required to create and implement a "Nurse Coverage Plan" to ensure adequate staffing through means other than use of mandatory overtime.   This plan should include contracts with per diem nurses, contracts with nurse registries and employment agencies for nursing services, arrangements for assignment of nursing floats, requesting an additional day of work from off-duty employees, and development and posting of a list of nurses seeking voluntary overtime.

  • Health care employers are required to make their Nurse Coverage Plan readily available to all nursing staff and to document all attempts to avoid the use of mandatory overtime and seek alternative staffing.
How to File a Complaint
If you believe that your employer mandated overtime in violation of the law, you can file a Mandatory Overtime Complaint form.  An electronic version of the form is available here, below, or you may call 1-518-485-0307 to obtain a hard copy.  If you are a union member, contact your union delegate and provide them with a copy of your completed form.  The law provides that employees cannot be disciplined for complaining to the DOL.
Resources
  • Download a Mandatory Overtime Complaint Form by Clicking Here.  Mail or fax the completed complaint form to NYSDOL (address is on the form and listed below).

  • For a copy of the law- The Restrictions on Consecutive Hours of Work for Nurses click here


  • Find frequently asked questions about the new law and regulations by clicking here.

  • NYS Department of Labor Contact Information:

NYS Department of Labor
Division of Labor Standards
State Campus, Bldg 12, Rm. 185B
Albany, NY 12240
Telephone No.: (518) 485-0307
Fax No.: (518) 457-8452
www. http://www.labor.state.ny.us/
Email: labor.sm.lsclaim.intake@labor.state.ny.us