DOL Provides Reporting Process for Use of Exceptions to Prohibition on Mandatory Nurse Overtime
Hospitals, nursing homes, adult day health care (ADHC) programs, diagnostic and treatment centers, hospitals, and state-operated facilities licensed under various state laws are reminded of amendments to existing Labor Law that further restrict the use of mandatory overtime for nurses. The changes to law outlined narrow exceptions to the prohibition on mandatory overtime, established various notification and reporting requirements, and created an enforcement mechanism. Click here for background on these changes, which went into effect on June 28, 2023.
One of the changes in law was the creation of a reporting requirement for employers who utilize the exceptions to the limitations on mandatory overtime. LeadingAge NY attempted multiple times to obtain clarification from the Department of Health (DOH) and the Department of Labor (DOL) regarding how providers should inform DOH and DOL that they were utilizing an exception. Despite the fact that this requirement was effective on June 28th, there was no information provided on this process. The DOL website regarding this law has finally been updated to state that any time an employer covered under the law mandates overtime under an exception to Labor Law Section 167, they must send an email to labor.sm.lsmandatory@labor.ny.gov and include the facility name, the type of health care employer the facility operates as, the facility address, a facility contact person, the specific exception the facility is utilizing, and any of the following information if applicable:
- If they have mandated overtime for more than 15 days within a month, include the date(s) of mandatory overtime, the number of employees mandated, and the times they were mandated
- If they have mandated overtime for more than 45 days in three consecutive months, they must also provide the reason why and provide the date they intend to stop mandating overtime
LeadingAge NY is verifying if this reporting process addresses the requirement to report to both DOH and DOL, as the statute requires.
Members should note that DOL may assess a civil penalty of up to $500 for failure to report as required.
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828