Understanding Mandatory Overtime For Nurses | NurseJournal (2024)

Understanding Mandatory Overtime For Nurses | NurseJournal (1)

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Updated on October 3, 2023

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  • Mandatory Overtime Defined
  • State Mandatory Overtime Laws
  • Mandatory Overtime in Nursing
  • How Nurses Can Avoid Burnout
  • Mandatory Overtime FAQs

How many hours can a nurse work straight through? The answer depends on the state in which you work. Read on for information about nursing labor laws.

Understanding Mandatory Overtime For Nurses | NurseJournal (2)

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Hospitals and clinics have implemented mandatory overtime policies to help ease nursing staff shortages. While effective at achieving its goal, mandatory overtime for nurses can be detrimental to the quality of patient care and lead to stress and burnout among nurses.

If you are a current or aspiring nurse researching mandatory overtime laws, keep reading for information about mandatory overtime for nurses and its impacts, applicable state laws, and tips on avoiding burnout.

What Is Mandatory Overtime in Nursing?

Mandatory overtime laws were established to ensure that workers received compensation for hours that exceeded the standard 40-hour work week. The federal Fair Labor Standards Act (FLSA) requires employees to be paid 1.5 times their regular hourly pay rate for any additional hours worked. States have enacted their own laws but, if the pay rate is lower than the federal standard, the employee is paid according to the federal law.

Federal regulations require Medicare-certified hospitals to ensure that “adequate numbers” of nurses are staffed to provide patient care “as needed.” This vague regulatory language has led to state-enacted legislation regarding nurse staffing levels, including those mandating specific nurse-to-patient ratios. A nationwide nurse shortage has created situations where hospitals and clinics impose mandatory overtime to meet these legislative requirements.

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Mandatory Overtime Laws By State

Currently, 18 states have enacted laws or regulations applicable to nurses that either prohibit or limit mandatory overtime for nurses: Alaska, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia.

Alaska

Mandatory Overtime: Illegal
Maximum Shift: 14 consecutive hours

California

Mandatory Overtime: Prohibited
Maximum Shift: 12 hours in a 24-hour period
Exceptions: Emergency

Connecticut

Mandatory Overtime: Legal
Maximum Shift: Nurses cannot be forced to work beyond scheduled shift
Exceptions: Emergency, procedure completion

Illinois

Mandatory Overtime: Illegal
Maximum Shift: No longer than four hours beyond scheduled shift; eight hours of rest required after 12 consecutive hours
Exceptions: Emergency

Maine

Mandatory Overtime: Illegal
Maximum Shift: Ten hours off required after eight consecutive hours
Exceptions: Emergency

Maryland

Mandatory Overtime: Illegal
Maximum Shift: Scheduled shift
Exceptions: Emergency, critical skills

Massachusetts

Mandatory Overtime: Illegal
Maximum Shift: 12 hours
Exceptions: Emergency

Minnesota

Mandatory Overtime: Illegal
Maximum Shift: 12 hours
Exceptions: Emergency, inadequate replacement staff

Missouri

Mandatory Overtime: Prohibited for licensed practical nurses
Maximum Shift: Scheduled shift
Exceptions: Patient’s safety at risk

New Hampshire

Mandatory Overtime: Illegal
Maximum Shift: 12 hours; eight hours off required after working over 12 hours
Exceptions: Emergency, procedure completion

New Jersey

Mandatory Overtime: Illegal in hospitals and nursing homes
Maximum Shift: Scheduled shift

New York

Mandatory Overtime: Illegal
Maximum Shift: Scheduled shift
Exceptions: Emergency, procedure completion

Oregon

Mandatory Overtime: Illegal
Maximum Shift: 48 hours per week; 12 hours per day
Exceptions: Emergency

Pennsylvania

Mandatory Overtime: Illegal
Maximum Shift: Scheduled shift
Exceptions: Emergency

Rhode Island

Mandatory Overtime: Illegal
Maximum Shift: 12 hours
Exceptions: Emergency

Texas

Mandatory Overtime: Illegal
Maximum Shift: Scheduled shift

Washington

Mandatory Overtime: Illegal
Maximum Shift: Scheduled shift

West Virginia

Mandatory Overtime: Illegal
Maximum Shift: 16 hours; eight hours of rest required after 12 hours or longer

The Impacts of Mandatory Overtime

While mandatory overtime can offer a solution to the nursing shortages, it does so with costs that negatively impact nurses and patient care. In some situations, such as temporary staff shortages, mandatory overtime benefits nurses who desire extra working hours and time-and-a-half pay rates, while it can be detrimental to nurses who do not have the ability to accommodate those scheduling demands easily.

However, chronic or ongoing mandatory overtime takes a toll on nurses and, ultimately, their patients. Nurses who work longer than 12-hour shifts on a regular basis or without enough time off between shifts become fatigued, which can lead to mistakes. They also may feel resentful or dejected, which can lead to subpar patient care.

Burnout is a common result for nurses who must work long hours.

How Nurses Can Avoid Burnout from Mandatory Overtime

  • Understanding Mandatory Overtime For Nurses | NurseJournal (4)Refuse overtime: In states where mandatory overtime is illegal or prohibited, nurses can refuse to work beyond their scheduled shifts unless an exception, such as an emergency, exists. These states include: California, Connecticut, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Texas, Washington, and West Virginia.
  • Understanding Mandatory Overtime For Nurses | NurseJournal (5)Join a nurses’ union to advocate for better working conditions: A nurses’ union, such as National Nurses United, uses the power of collective bargaining and sponsors legislation at the federal and state levels to advocate for nurses’ rights and improved patient safety and outcomes.
  • Understanding Mandatory Overtime For Nurses | NurseJournal (6)Practice self-care: Learning how to take care of your mental health and well-being by managing your stress levels can help during challenging times. Strategies that can alleviate negative stress include maintaining a routine, eating healthy foods, exercising, spending time outdoors, and setting boundaries. Support systems like friends and family, or even a therapist, can also help.
  • Understanding Mandatory Overtime For Nurses | NurseJournal (7)Build connections: Joining an organization like the American Nurses Association (ANA) offers benefits and support through its mentorship program, online community, and local networking opportunities.The ANA also advocates for nurses at the federal and state legislative levels and welcomes member involvement on issues important to nursing and healthcare.

Mandatory Overtime for Nurses FAQs

What states have mandatory overtime for nurses?

Currently, 32 states impose mandatory overtime with the goal of ensuring optimal staffing levels that meet patient care demands:

  • Alabama
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Michigan
  • Mississippi
  • Montana
  • Nebraska
  • Nevada
  • New Mexico
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • South Dakota
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • Wisconsin
  • Wyoming

Can healthcare workers be forced to work overtime?

Healthcare workers in states that have not enacted legislation making mandatory overtime illegal or prohibited can be forced to work overtime. Employers in these states must comply with the FLSA, which designates 40 hours per week as the minimum for full-time employees, not the maximum. But employees who work in excess of 40 hours a week must be compensated with time-and-a-half pay.

Can I be fired for refusing to work overtime?

In states where mandatory overtime is legal, you can be fired for refusing to work overtime if you are an “at-will” employee and your employer follows the laws and regulations in your state. “At-will” employees can be fired for any reason at any time unless the reason is discriminatory or retaliatory.

But if you work in states with nursing labor laws that address mandatory overtime—such as California, Connecticut, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Texas, Washington, and West Virginia—you cannot be fired for refusing to work overtime.

How does mandatory overtime affect nurses?

Mandatory overtime for nurses can alleviate nursing shortages and bolster shrinking bank accounts, but it can also have negative effects. Nurses forced to work long hours over extended periods of time suffer from burnout, which leads to emotional, mental, and physical exhaustion. Burnout can also lead to a condition known as “compassion fatigue,” where nurses experience the inability to empathize with their patients.

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Understanding Mandatory Overtime For Nurses | NurseJournal (8)

Angelique Geehan

Angelique Geehan works to support and repair the connections people have with themselves and their families, communities, and cultural practices. A queer, Asian, gender binary-nonconforming parent, Geehan founded Interchange, a consulting group that offers anti-oppression support. She organizes as part of several groups, including the National Perinatal Association’s Health Equity Workgroup, the Health and Healing Justice Committee of the National Queer and Trans Asian and Pacific Islander Alliance, QTPOC+ Family Circle, and Batalá Houston.

Angelique Geehan is a paid member of the Red Ventures Education freelance review network. Learn more about our review partners.

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Understanding Mandatory Overtime For Nurses | NurseJournal (9)

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Understanding Mandatory Overtime For Nurses | NurseJournal (2024)

FAQs

How does mandatory overtime affect nurses? ›

Mandatory overtime significantly impacts the well-being and job satisfaction of nurses. Extended hours, often beyond a typical 12-hour shift, can lead to physical and mental exhaustion. This exhaustion is not just about the additional hours; it's compounded by the high-stress, emotionally charged nature of nursing.

What are the cons of mandatory overtime? ›

The extra work hours could also make employees more stressed and fatigued. Those who value work-life balance may even become disengaged and look for job opportunities elsewhere. Employers should carefully weigh these pros and cons before rolling out a mandatory overtime policy in the workplace.

What are the benefits of mandatory overtime? ›

Advantages & Disadvantages of Mandatory Overtime
  • Employee Advantage: More Money. The most obvious advantage of mandatory overtime for employees is the extra cash. ...
  • Employer Advantage: Increased Productivity. ...
  • Employee Disadvantage: Burnout. ...
  • Employer Disadvantage: Increased Cost. ...
  • References.

What is the longest shift a nurse can legally work? ›

Even in states without restrictions, hospitals or medical centers may prohibit nurses from working more than 16 continuous hours for safety reasons. However, it is essential to note that nurses could qualify for overtime pay if they work more than 40 hours per week.

Is mandatory overtime unethical? ›

Mandatory overtime is illegal if it poses a health or safety risk and clearly violates the OSHA (Occupational Safety and Health Administration) General Duty Clause.

Is it worth working overtime as a nurse? ›

If you work every single day of the year in overtime at your regular rate (depends on your hospital system) then you could potentially make an additional $87,780 (209 days x 12 hours x $35). And your end of year salary would be $153,300.

When overtime is not worth it? ›

When You're Still Overspending. Once that extra money starts pouring in, an employee might start spending more than they normally do. Excess spending is actually a common thing when a person is faced with a sudden surplus of cash. If you catch yourself doing this, working overtime might not be for you.

How to avoid mandatory overtime? ›

Employees can avoid mandatory overtime by:
  1. Understanding their employer's policies on overtime work. ...
  2. Negotiating terms during the hiring process.
  3. Being aware of state laws and regulations.
  4. Maintaining a healthy work-life balance.
Nov 3, 2023

How much overtime is too much? ›

WARNING SIGNS OF TOO MUCH OVERTIME

One of the first indicators of excessive overtime is your wage bill. If all or most of your employee's actual wages are consistently 30–45% higher than their salary, alarm bells should be going off – especially if it's every month.

Why don't nurses work 8 hour shifts? ›

Improve work-life balance — For many nurses, a 12-hour workday offers more flexibility than a standard eight -hour day. While 12-hour shifts leave very little free time on workdays, they provide nurses with four full days off each week.

Are 12 hour shifts bad for nurses? ›

Weaker performance and increased errors.

Studies show that when you work twelve or more hours, your diminished mental capacity due to fatigue can result in less attentiveness. That may lead to errors affecting patient safety and outcomes.

Why are nurses shifts so long? ›

Another reason is that having two nurses scheduled in a 24 hour period provides a higher continuity of care. This means fewer issues during hand offs and patients (and their families) may feel more comfortable with their nursing staff since they spend a longer time getting to know them.

What are the problems with nursing overtime? ›

As detailed by Marcia Faller, RN, MSN, in American Nurse Today, a journal of the American Nurses Association, when nurses work long hours beyond their choosing, they are at a heightened risk of becoming tired, stressed and even resentful, leading to reduced morale and greater job dissatisfaction.

What is the impact of mandatory breaks for nurses? ›

In conclusion, and, coming at no surprise at all, the data tell us that there is a strong connection between breaks at work and overall nursing job satisfaction. An inverse relationship exists between the two variables. Fewer breaks received leads to greater job dissatisfaction and vice versa.

How does working long hours affect nurses? ›

Prevent nurse burnout — Burnout — a state of physical, emotional, and mental exhaustion caused by prolonged stress — is a major issue in nursing. According to research, nurses working longer shifts are more likely to experience burnout and job dissatisfaction, leading to high turnover rates.

What is the impact of states nurse work hour regulations on overtime practices and work hours among registered nurses? ›

Principal findings: The mandatory overtime and consecutive work hour regulations were significantly associated with 3.9 percentage-point decreases in the likelihood of working overtime mandatorily and 11.5 percentage-point decreases in the likelihood of working more than 40 hours per week, respectively.

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