Fact Check: Mandatory Overtime by State: What Employers Can Require

DOL overtime page: covered nonexempt employees must receive OT pay for hours over 40 at ≥1.5× regular rate. Statute §207(a) is the pay rule; it does not create a general private-sector ban on assigning overtime hours.

Matches FLSA §207(a) and DOL Fact Sheet #23; regular-rate complexity deferred to linked article.

NY DOL page summarizes §167: health care employers may not require nurses beyond regularly scheduled hours except four limited exceptions (health care disaster, state of emergency declaration, emergency that could not reasonably be anticipated, ongoing procedure). Article does not invent additional exceptions.

Statute text on NJ DOL page: no require work beyond agreed regularly scheduled daily shift not to exceed 40 hours/week; voluntary acceptance; emergency exception with reasonable efforts; anti-adverse-action for refusal.

Primary legislature text matches article summary; good-faith voluntary coverage effort required before mandatory OT in emergency.

Overtime defined to include past scheduled shift, >12 hours in 24, or >48 in hospital-defined week; anti-retaliation; patient-safety exceptions.

§258.003 prohibition; §258.004 exceptions (disaster, emergency declaration, unforeseen event, ongoing procedure); on-call not a substitute.

Statute: no employee of a health care facility may be required to work overtime; voluntary acceptance; limited exceptions. Article notes coverage/facility definitions have expanded — readers should check current L&I guidance for role lists.

Nurse Overtime and Patient Safety Act; prohibition on mandating OT with emergency/procedure exceptions; consecutive-hour limits in statute.

Article correctly separates §207(j) pay mechanics from state force-OT restrictions.

Consistent with FLSA non-waivability of overtime for non-exempt employees; private-sector comp-time bar covered in related article.

DOL states: "There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek." Youth employment rules remain separate; article scopes to adults / general private employment.

Article complies with no-invented-law rule: names the six only as "verify-before-you-rely" / industry guidance, not as verified statute holdings.

State assignment limits and federal pay duties are independent. DOL healthcare OT fact sheets address pay computation, not a waiver of OT when hours are voluntary.