For the past nine years, 1199 Nurses have worked together to address the growing problem of mandatory overtime in our facilities. We united to call our legislators, organize meetings in our facilities, write letters to newspapers, speak at news conferences and lobby our assembly members and senators in Albany. We held an annual Nurses' Lobby Day in Albany for the past four years with a growing number of nurse unions united behind the goal of ending mandatory overtime.

Finally, because of our hard work and with the support of our union, we won. The legislature passed and Governor Paterson signed New York State Labor Law 167, restricting mandatory overtime for all direct patient care nurses. Through the Nurse Alliance of 1199SEIU, we worked in unity with other unions representing nurses to achieve a victory for our patients and for our profession.

This victory is a direct result of our participation in the Martin Luther King Jr. Political Action Fund.

In these tough economic times, having political strength is more important than ever before. As nurses, we have a choice: we can stand by and simply hope that one day things will get better, or we can stand up and make our voice heard in Washington and Albany.

Our union dues cannot be used for most political activities, so the Political Action Fund is our key to having a voice in political issues. The fund made it possible to take action on mandatory overtime. Now it’s your turn to take action by participating in the fund.

Use your voice for your patients, your profession and your family. Fill out the Political Action Fund authorization form and start contributing today.

Please download this form to fill out and give to your organizer or mail to:

Political Action Department
1199SEIU
330 W 42ND ST FL 7
NEW YORK NY 10109-0659

 How to Prevent Mandatory Overtime:

Educate your manager and co-workers. Make sure your employer understands their obligations and that it is now illegal to mandate overtime except in rare emergencies. Routine call-ins, pre-existing vacancies on the schedule, spikes in census and other customary occurrences are not valid exceptions under the new law.

Look ahead in the schedule. Start to raise concerns with management early so you are not faced with a crisis.

In the event of an extraordinary emergency that may result in mandated overtime, begin investigating the actions that have been taken.

• Has the extra work list been utilized? How about the extra work list on sister units?
• Have nurses on sister units been asked to float?
• Have all Per Diem nurses been called? Ask for a list of nurses who have been called.
• Have agency nurses been called? Transferred from another unit?
• If practice in your facility permits, has management staff taken an assignment?
• Will a staff nurse voluntarily stay a few hours over and/or will someone else voluntarily come in a few hours earlier?
  
  

What is Labor Law 167?
Labor Law 167 bans employers from requiring nurses to work more than “regularly scheduled work hours,” meaning “those hours a Nurse has agreed to work and is normally scheduled to work,” except in four narrowly-defined unforeseeable circumstances.

Under what circumstances can my employer mandate overtime?

1. A Healthcare Disaster that unexpectedly increases the need for healthcare personnel.
2. A Federal, State or County Declaration of Emergency in the county in which the Nurse is employed or in a contiguous county.
3. An employer-determined emergency, “defined as an unforeseen event that could not be prudently planned for by an employer and does not regularly occur.”
4. An on-going medical or surgical procedure in which the Nurse is actively engaged and whose presence is needed to ensure the health and safety of the patient.

Am I covered by the law?
The Law applies to ALL direct care registered nurses and licensed practical nurses in both public and private facilities. This includes all private and public hospitals and nursing homes.

When does the law go into effect?
The ban on mandatory overtime goes into effect July 1, 2009.

Do employers know about this new law?
Yes, the Department of Health sent a letter to all covered healthcare employers in October 2008, so they would have plenty of time to increase staffing in order to comply with this law.

Can I still voluntarily work overtime?
Nurses may continue to volunteer to work overtime, but be aware that the New York State Board of Nursing issued a clarification in 2007 about voluntarily working more than 16 hours: “Nurses, who voluntarily work beyond their normally scheduled hours in a situation which is not a declared emergency, must be able to demonstrate that they are competent to perform their professional responsibilities. Voluntarily working beyond 16 hours in a 24 hour time period will be considered by the New York State Board for Nursing as a factor in determining the willful disregard of patient safety by nurses and will be subject to a potential charge of unprofessional conduct.”

What should I do if my employer has violated the overtime ban?
If you have a union, contact your union delegate and file a grievance and an “Objection to Mandatory Overtime” form. If you are not working under union contract, contact the New York State Department of Labor regarding how to file a complaint:

NYS Department of Labor
W. Averell Harriman State Office Campus - Building 12
Albany, NY 12240
518-457-9000 1-888-4-NYSDOL nysdol@labor.state.ny.us

If you are not a union member and are interested in joining 1199SEIU, click here