Emergency Regulations Issued Regarding Mandatory Overtime for Nurses

On April 28, 2010, the New York Department of Labor published emergency regulations intended to supplement New York Labor Law Section 167, which prohibits health care employers from mandating overtime for nurses, and stipulates the conditions under which exceptions to this rule may be made. The emergency regulations: (1) clarify circumstances under which various types of emergencies will allow health care employers to use mandatory overtime to cover nurse staffing needs; (2) set forth the minimum elements to be addressed in the required Nurse Coverage Plan; and (3) require that the Plan be posted and made available to the Commissioner, nursing staff and their employee representatives. The emergency regulations are set to expire on July 11, 2010, by which time the Department intends to have adopted the emergency rule as a permanent rule.