The New York Department of Labor has taken steps to enforce N.Y. Labor Law section 167—enacted in July 2009—which prohibits healthcare employers in New York state from relying on mandatory overtime to fill nursing vacancies. Since October 13, 2009, healthcare employers are required to implement a Nurse Coverage Plan to ensure adequate staffing without resorting to mandatory overtime.1 Healthcare employers should develop a detailed Nurse Coverage Plan to avert having a complaint filed with the Department of Labor.

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