The state of New York has a poster called the Restricted Nurse Hours Poster that employers can post.
What is the Law?
Health care employers are restricted from requiring nurses to work beyond their regularly scheduled hours, with limited exceptions. The exceptions are due to a health care disaster, a federal, state, or county declaration of emergency, an unforeseen emergency, or an ongoing medical or surgical procedure where the nurse’s continued presence is needed.
Who does it cover?
The law defines nurses as registered nurses (RNs) and licensed practical nurses (LPNs). Health care employers are employers operating according to Article 28 of the Public Health Law, such as:
- Hospitals
- Nursing homes
- Diagnostic treatment centers
- State-operated facilities licensed under various state laws
- Facilities operated or licensed by the Office of Child and Family Services
Why was it enacted?
The law was enacted to create a procedure to limit mandatory overtime and also to establish penalties for violations. This way, nurses can file a complaint of violations and NYSDOL can investigate claims.
Where is it applicable?
This law is applicable only in the state of New York.
When is the law effective?
The law was initially enacted July 1, 2009, and a new amendment effective June 28, 2023 creates a reporting procedure for health care employers, who must display a poster with information on how to file a complaint with the Department of Labor (NYSDOL).
Where can I find more information?
- You can access the New York DOL informational page on Mandatory Overtime for Nurses at this link: https://dol.ny.gov/mandatory-overtime-nurses
- You can download and print the poster at this link: https://dol.ny.gov/system/files/documents/2023/07/restricted-nurse-hours-poster.pdf
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