Mandatory Overtime
Nurses know that forced overtime contributes to fatigue, burnout and the potential for medical errors. NYSNA fights against the abuse of mandatory overtime and has won stronger protections for New York's nurses in 2009 and 2023.
Before July 1, 2009, employers could and did force RNs to work excessive hours, which led to errors, complications, and less safe conditions for delivering patient care. NYSNA fought for and won a law banning mandatory overtime for many nurses.
During the COVID-19 pandemic, many hospitals and nursing homes began abusing mandatory overtime exceptions, contributing to fatigue and burnout for nurses. NYSNA and other unions fought for and won stronger protections against mandatory overtime in 2023.
The New York State Department of Labor (NYS DOL)’s strengthened enforcement of the state’s mandatory overtime protection law prohibits hospitals from requiring nurses to work beyond scheduled shifts – except in the case of a declared emergency. And the law protects nurses from retribution or discipline for refusing overtime.
Employers could face monetary penalties for violations, and the New York Department of Labor has a designated enforcement officer to investigate alleged violations of this law.
Voluntary overtime, on the other hand, is not limited by the law.
Limited Exceptions:
- An unanticipated healthcare disaster increases the need for healthcare personnel.
- A federal, state or county Declaration of Emergency is called in the RN's county of employment (or a contiguous county).
- The facility must engage in an ongoing medical or surgical procedure that the RN is actively engaged in/his/her skills are essential to ensure the health and safety of the patient.
- The employer declares an emergency, subject to regulations. Contact your NYSNA rep to understand more about this exception, and/or read Labor Law 167 which discusses this exception in detail.
If management is pressuring you to work overtime, talk to your NYSNA delegate or rep right away.
Related Materials
Learn more about how the mandatory overtime law was expanded in 2023.
File a complaint at the NYS DOL website.
Download and share our Know Your Rights flyer to find out about reporting requirements for employers, new penalties employers face when they fail to follow the law and how to file a complaint if your employer mandates you to work overtime unlawfully.
"I want to thank New York's elected leaders who listened to nurses and took action to end abusive mandatory overtime for nurses. After working for more than two years through the COVID-19 pandemic—often understaffed and overworked—-nurses are exhausted. Mandatory overtime was pushing us to the breaking point and endangering quality patient care. These new laws show recognition and respect for frontline nurses’ hard work."