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Department of Labor

Mandatory Overtime for Nurses

The Restrictions on Consecutive Hours of Work for Nurses Law, Section 167 of the Labor Law, went into effect on July 1, 2009.

Section 167 of the Labor Law:

  • Prohibits health care employers from mandating overtime for nurses
  • Stipulates the conditions for exceptions to this rule

The New York State Department of Labor enforces this law.

Part 177 of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the State of New York requires an employer to develop and implement a Nurse Coverage Plan. Form LS 683 can be used to help employers create an effective and complete plan.

The final regulations governing mandatory nurse overtime became effective October 12, 2011. To review the regulations, please visit the Legal section of the Department's website.

You can also read frequently asked questions about the law and regulations and view this helpful PowerPoint.

You may file a complaint with the Department of Labor if:

  • You are a nurse (RN/LPN)
  • AND
  • You believe that your employer forced you to work in violation of the law

This link will open up the necessary complaint form for you to print.

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