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? • A Healthcare Disaster that unexpectedly increases the need for healthcare personnel. • A Federal, State or County Declaration of Emergency in the county in which the Nurse is employed or in a contiguous county. • An employer-determined emergency, “defined as an unforeseen event that could not be prudently planned for by an employer and does not regularly occur.” • 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 p
