The New York State Department of Labor (NYSDOL) announced July 6, 2023, that an update to the Labor Law restricting mandatory overtime for nurses is now in effect. Under the law, healthcare employers are prohibited from requiring nurses to work more than their regularly scheduled hours except under limited circumstances, including a healthcare 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. The law now requires a healthcare 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 healthcare 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.
