New York Hospitals Face Strict Overtime Laws: What Healthcare Workers Need to Know About Their Rights

Healthcare workers in New York hospitals are protected by some of the nation’s most comprehensive overtime and mandatory overtime laws. With recent legislative updates and strengthened enforcement mechanisms, understanding these protections has never been more critical for nurses, medical assistants, and other healthcare professionals working in demanding hospital environments.

Understanding New York’s Mandatory Overtime Restrictions for Healthcare Workers

Initially enacted July 1, 2009, Section 167 of the New York Labor Law restricts health care employers, as defined in the statute, from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions. Effective June 28, 2023, an amendment to Section 167 expands upon the 2009 law by creating a reporting procedure for health care employers who utilize the exceptions to the limitations on mandatory overtime and establishing monetary penalties for violations.

The law applies to hospitals, nursing homes, diagnostic treatment centers, and other healthcare facilities licensed under Article 28 of the Public Health Law. Under the law, health care employers are prohibited from requiring nurses to work more than their regularly scheduled hours except under limited circumstances, including a health care disaster, a declaration of emergency, or when required for safe patient care such as during an unforeseen emergency or an ongoing medical or surgical procedure.

Limited Exceptions to Mandatory Overtime Prohibitions

Healthcare employers can only mandate overtime in four specific situations:

• During a healthcare disaster that increases the need for healthcare personnel
• During a federal, state, or county declaration of emergency
• During an unforeseen emergency that could not be planned for and does not regularly occur
• During an ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence is needed to ensure the health and safety of the patient

Importantly, employers are also now required to make a good faith effort to have overtime covered on a voluntary basis before resorting to using mandatory overtime. This includes calling per diems, agency nurses, assigning floats, or requesting an additional day of work from off-duty employees.

Overtime Compensation Requirements Under Federal and State Law

Beyond mandatory overtime restrictions, healthcare workers have fundamental rights to overtime compensation. Under New York’s Labor Law and the federal Fair Labor Standards Act (FLSA), overtime hours include any hours a healthcare worker works above 40 hours in one workweek. Employers must pay employees overtime pay for all overtime hours worked. In New York, overtime pay must be at least 1.5 times the employee’s regular rate of pay.

Most healthcare industry employees (nurses, technicians, etc.) qualify for overtime pay; however, licensed physicians (doctors) are considered learned professionals and do not receive overtime. Under New York law and the FLSA, employers are required to pay for all overtime hours worked, even if the overtime was unauthorized.

Strengthened Enforcement and Penalties

The 2023 amendments significantly strengthened enforcement mechanisms. Up to $1,000 for a first violation, up to $2,000 for a second violation within 12 months, and up to $3,000 for a third or subsequent violation within 12 months. Up to $500 for failure to notify the DOL when employers rely on an exception such as a declaration of emergency.

All instances of mandatory overtime must now be reported to New York State Department of Labor (DOL)by the employer, even if an exception, such as a declaration of emergency, is applicable. Jeanette Lazelle, Deputy Commissioner for Worker Protection, is the appointed enforcement officer to oversee investigation of complaints.

Common Overtime Violations in Healthcare Settings

Healthcare workers frequently face various forms of overtime violations. Due to staff shortages and budgetary concerns, it’s become a trend for hospitals to ask healthcare workers to work overtime. While some employees want to work overtime, employers often force healthcare workers to work overtime without paying them overtime wages.

Common violations include misclassifying employees as independent contractors to avoid overtime payments, failing to pay for pre-shift preparation time, and incorrectly categorizing workers as exempt when they should receive overtime pay. Businesses may try to classify their healthcare employees as independent contractors to avoid paying overtime. If you have been hired as a healthcare provider and your employer gave you a 1099 tax form, you have probably been classified as an independent contractor. Independent contractors are not owed overtime by their employers. Many healthcare employers attempt to classify employees as independent contractors to avoid having to follow employment laws and pay employment benefits.

Protecting Your Rights: When to Seek Legal Help

If you believe your employer has violated overtime laws, it’s crucial to act quickly. Failure to pay healthcare workers for the overtime they work is unlawful under New York’s Labor Law. Healthcare workers who haven’t been paid for overtime work may be entitled to damages.

When facing overtime violations or mandatory overtime abuse, consulting with an experienced unpaid overtime lawyer can help you understand your rights and recover compensation you’re owed. Legal professionals can evaluate whether you’ve been properly classified, ensure you’re receiving appropriate overtime rates, and help you file complaints with the appropriate agencies.

The Howley Law Firm: Advocating for Healthcare Workers’ Rights

Located in New York City, The Howley Law Firm has extensive experience representing healthcare professionals in overtime and employment law matters. Our significant cases include: an $80 million victory for middle managers in a race discrimination class action; a labor arbitration victory that gave NYC police officers higher raises than firefighters for the first time in 100 years; a $3.2 million victory for nurses for prevailing wage underpayments; a $2.4 million victory for waiters and bussers for unpaid overtime and tips; a million dollar settlement for a live-in nanny in a sexual harassment case.

We focus on representing individuals in the areas of employment rights in New York and whistleblower rewards nationwide. The firm operates on a contingency fee basis for most employment cases, meaning clients don’t pay legal fees unless they win their case.

Our lawyers represent doctors, nurses, physical therapists and other healthcare professionals and employees to get them paid the compensation they have earned. With decades of experience representing major corporations before transitioning to individual advocacy, The Howley Law Firm brings sophisticated legal expertise to healthcare workers facing overtime violations.

Taking Action

Healthcare workers deserve fair compensation for their demanding work, especially during challenging staffing situations. New York’s strengthened overtime laws provide robust protections, but enforcement often requires workers to understand and assert their rights. If you’re experiencing mandatory overtime violations or unpaid overtime issues, don’t hesitate to seek legal guidance to protect your rights and secure the compensation you’ve earned.

Remember that your rights are subject to strict time limits and procedural requirements, making prompt action essential when addressing overtime violations in healthcare settings.