Mandatory Overtime Laws for Nurses: Which States Protect You and Which Do Not

By NurseCompensation Research Team · 2026-05-30 · 9 min read

18 states have passed laws restricting mandatory overtime for nurses. Here is what the laws actually say, which states have no protections, and what your rights are under federal law.

The Federal Baseline

Under the Fair Labor Standards Act (FLSA), there is no federal limit on the number of hours an employer can require an employee to work. Federal law requires overtime pay (1.5x) for non-exempt employees working over 40 hours per week, but it does not prohibit employers from mandating those hours.

Most staff nurses are non-exempt under the FLSA (meaning they do receive overtime pay), but there is no federal prohibition against requiring them to work it.

This means mandatory overtime protections for nurses come exclusively from state law.

States With Mandatory Overtime Restrictions for Nurses

As of 2024, 18 states have enacted laws specifically limiting or banning mandatory overtime for nurses. These laws generally take one of two forms:

States that ban mandatory overtime outright (with emergency exceptions):

Alaska
California
Connecticut
Illinois
Maine
Maryland
Massachusetts
Minnesota
Missouri
New Hampshire
New Jersey
New York
Oregon
Pennsylvania
Rhode Island
Texas
Washington
West Virginia

Key provisions common across these states:

Employers cannot require nurses to work beyond their scheduled shift
Exceptions exist for declared emergencies, ongoing surgical procedures, or when patient abandonment would result
Nurses cannot be disciplined or terminated for refusing mandatory overtime
Most laws limit shifts to 12 consecutive hours in a 24-hour period

States With No Mandatory Overtime Protection

In the remaining 32 states plus D.C., employers can legally require nurses to work overtime. In these states, refusing mandatory overtime can be grounds for disciplinary action or termination, depending on employment agreements.

Notable states WITHOUT protections:

Florida
Georgia
North Carolina
Ohio
Michigan (legislation introduced but not passed as of 2026)
Arizona
Colorado
Virginia

The Compensation Angle

Mandatory overtime intersects with compensation in several ways:

1. Time-and-a-half is still required. Even in states without overtime bans, the FLSA requires 1.5x pay for hours over 40. Your employer must pay overtime wages even when mandating hours.

2. Some states require double-time. California requires double-time pay for hours worked beyond 12 in a single day and for all hours beyond 8 on the seventh consecutive day worked.

3. The "on-call" distinction matters. Being on-call is not the same as being mandated. On-call time is only compensable under the FLSA if the restrictions placed on the nurse are so onerous that the time cannot be used for personal purposes.

4. Contract language overrides in unionized settings. Many union contracts include stricter overtime protections than state law provides. Check your collective bargaining agreement.

Federal Legislation Attempts

The Nurse Overtime and Patient Safety Act (H.R. 7546, 118th Congress, 2024) was introduced to create a federal ban on mandatory overtime for nurses. The bill did not pass. As of 2026, no federal mandatory overtime restriction exists for nurses.

What To Do If You Are Mandated

Know your state law. Check whether your state has a nurse overtime restriction.
Document the mandate. Note the date, time, who mandated you, and the staffing situation.
Check your employee handbook. Employer policies may offer protections beyond state law.
Contact your state board of nursing or labor department if you believe the mandate violates state law.
Never simply walk out. Leaving an assignment without proper handoff can constitute patient abandonment, which is a licensure issue regardless of overtime protections.

Sources: Healthywork.org state law compilation (December 2019), H.R. 7546 (118th Congress), New York State Department of Labor mandatory overtime enforcement guidance, National Nurses United legislative tracking.