CSEA has been working diligently both on a unit and Local level to address the issue of mandatory overtime in violation of the New York State law “Restrictions on Consecutive Hours of Work for Nurses” signed by Governor David Paterson, and effective July 1, 2009. CSEA has brought concerns to both local and state government officials, as well as the New York State Department of Labor and Department of Health about the violation of this law. On October 22, Local 830 President Jerry Laricchiuta met with Paterson, as previously reported in the Express, to make him aware of numerous violations of this law, as a result of the change to five 8 hours shifts, from three 12 hour shifts.
Now, all of these concerted efforts are beginning to bear fruit, as evidenced by a recent letter from the Governor’s Office. This letter cites a October 30, 2009, field investigation done by the Garden City District Office of the Division of Labor Standards. In the investigation NHCC was found to be in violation in several areas, and was ordered to cease and desist mandating overtime for nurses. According to the letter, “NUMC admitted to at least 29 instances where they mandated overtime in violation of Section 167, Restrictions on Consecutive Hours of Work for Nurses.” The Deputy Secretary for Labor and Financial Regulation has informed CSEA that his office will continue to keep in close contact with our union representatives to monitor this situation. It is now more important than ever to continue forwarding Mandatory Overtime Complaint Forms to the NUMC Unit office which will then be forwarded to the State Department of Labor and the Attorney General’s Office.
In late January, the Attorney General’s office also got involved in this case. The Labor and Social Justice bureaus have met with CSEA and are in the process of investigating the possibility of nurses being mandated for overtime illegally.