Nurses' Station

By DEBORAH A. MILES
After decades of fighting for a law to end mandatory overtime, nurses in New York will begin to see a change. The law was passed last year and went into effect this July 1.

PEF anticipates the state Department of Labor (DOL) will issue regulations to provide additional guidance on the statute and establish a process for filing complaints.

PEF President Ken Brynien said the union also anticipates the Governor’s Office of Employee Relations (GOER) will provide guidance on how the law is to be implemented in the agencies, consistent with the provisions of the PS&T contract.

“We’ve had a lot of discussion, but nothing has come out on paper,” said Dee Dodson, PEF Region 12 coordinator and Nurses Committee chair.

Now, it will have to. That’s good news for nurses who have rallied year after year to abolish mandatory overtime and all the problems associated with it.

Dodson said the law provokes some differences in interpretations and definitions such as what constitutes an emergency.

“Some things are pretty clear cut, such as a plane crash or major storm. In some situations everyone agrees staff is needed. But other gray areas need to be defined and clarified,” Dodson said.

“The hardest thing for managers will be to learn how to do things differently, and not resort to mandating nurses. They must develop a plan to be in compliance with the law and make it available for review. Everyone should be on the same page when it comes to staffing the building and units without imposing mandatory overtime as the first option,” Dodson said.

DOL will enforce the law. Once the regulations are published, each facility will be required to develop a plan on how it will comply with the law.

“DOL will give the agencies suggestions they can use,” Dodson said. “Each one should look at its budget and come up with ways it can manage the work force within the law while respecting the rights of the nurses.”

The law does not prohibit a nurse from voluntarily working overtime.

Brynien said not all mandates will violate the statute. In cases where a member believes a violation did occur, he should contact his council leader or field representative to determine if a formal complaint should be filed.

PEF anticipates a complaint form will be available on the DOL Web site in July.

The PEF Web site also will contain a link under “Nurses” to the DOL Web site to report any mandated overtime. If individuals file complaints, a copy should be provided to the PEF nurse organizer.