Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a "chapter amendment" modifying a bill previously signed by the governor on December 30, 2022.

New York's Prohibition on Mandatory Nurse Overtime

Section 167(3) of the Labor Law limits when health care employers¹ can require nurses to work beyond their "regularly scheduled work hours"² or overtime.³ These limitations are subject to four exceptions, which remain unchanged:

1. A healthcare disaster unexpectedly affecting the county or contiguous county;
2. A federal, state or county declaration of emergency;
3. A patient care emergency, including unforeseeable staffing events endangering patient safety; and
4. An ongoing surgery or procedure for which the nurse's continue presence is needed to ensure patient safety.

Good Faith Efforts for Voluntary Coverage Required

The amendment to Section 167 applies the requirement for employers to "make a good faith effort to have overtime covered on a voluntary basis" to each of these exceptions. Previously, this was required only in a patient care emergency. The statute identifies "good faith effort" to include, but not be limited to, calling per diem nurses and agency nurses, assigning floats, or requesting an additional day of work from off-duty employees to the...

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