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When is mandatory overtime prohibited?

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The law prohibits a health care employer from requiring a nurse to work overtime beyond the predetermined number of hours a nurse:

  • Has agreed to work
  • Is normally scheduled to work

Regulary scheduled hours may include:

  • Prescheduled on-call time
  • Time spent communicating shift reports on patient status needed to ensure patient safety

However, employers may NOT substitute on-call time for mandatory overtime.  We consider on-call time as time spent working for purposes of determining whether a health care employer has required a nurse to work overtime.


October 2018

Tags: New York, Nurse Mandatory Overtime

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