(ALBANY, NEW YORK) - At the urging of Public Employees Federation (PEF) President Wayne Spence, Governor Kathy Hochul has signed into law a measure to increase transparency and accountability for certain health care employers, including State Agencies, who continue to rely on mandatory overtime to meet their Nurse staffing needs.

PEF successfully lobbied for the inclusion of PEF-represented Nurses at the New York State Office of Children and Family Services (OCFS) for coverage under this law. 

PEF Nurses at OCFS had been excluded from protections against mandatory overtime since the original law was first enacted in 2008.    

Additionally, employers are now required to make a good faith effort to have overtime covered on a voluntary basis before mandating overtime. 

A good faith effort includes the use of per diems, Agency Nurses, assigning floats or requesting an additional day of work from an off-duty Employee. 

Failure to make such good faith effort constitutes a violation of the law.   

After such good faith effort is made, employers who use mandatory overtime are required to notify the State Department of Labor (NYSDOL) that they are mandating overtime for their Nurses. 

Employers who use mandatory overtime for 15 days or more in a month must file a report with the NYSDOL outlining: (1) the number of days mandatory overtime was required; (2) The number of Employees required to work overtime; and (3) The times and dates overtime was utilized.    

If the employer utilizes mandatory overtime for any 45 days over a consecutive three-month period, the employer must file a written report detailing the reason for such overtime and when such employer plans on ending the use of such overtime.    

A Special Enforcement Officer shall be established in the NYSDOL to oversee investigations into potential violations of the Overtime Law. 

Any Employee required to work mandatory overtime in violation of the law may file a complaint with the Enforcement Officer at the NYSDOL for possible investigation.   

If an employer is found in violation of this law, the Commissioner shall issue an order directing the employer to comply. 

The Commissioner may also institute a fine of up to $1,000 for the first violation, $2,000 for a second violation if within a 12-month period or $3,000 for a third or subsequent violation within a 12-month period.   

The law takes effect 180 days after enactment, but employers are required to make a good faith effort to have overtime covered voluntarily on the 90th day after enactment.   

To Directly Access This Labor News Story In Its Entirety, Go To: PEF-supported mandatory overtime law protecting nurses signed by governor   - PEF Communicator