Mandatory Overtime for Nurses: State-by-State Rules (2026)

If your charge nurse tells you that you are staying another four hours, whether that is legal depends almost entirely on which state you work in. Federal law sets no limit at all on how many hours an employer can require from an adult employee. The Fair Labor Standards Act says only one thing about long hours: anything over 40 in a workweek has to be paid at time and a half.

That gap is where state law steps in. Roughly 18 states restrict or prohibit mandatory overtime for nurses, almost always on patient-safety grounds, and almost always with an emergency exception.

The federal baseline

Under the FLSA, a hospital can require overtime and discipline a nurse who refuses, as long as the hours are paid correctly. There is no federal maximum shift length for adults and no federal right to refuse. What federal law does guarantee is the pay: 1.5× your regular rate, which must include your shift differentials, not just your base wage.

Two separate questions. Whether the hospital was allowed to keep you, and whether it paid you correctly, are decided under different law. A lawful mandate can still be underpaid — for example when the overtime rate is calculated on base wage alone and ignores your night differential, which 29 CFR 778.207 does not permit. Check both.

States that restrict mandatory overtime for nurses

These states have statutes or regulations limiting when a nurse can be forced to stay. The details differ a great deal, so treat this as a starting point and check the current rule with your state nursing board, your union, or your HR department.

StateStatuteShift & rest limitMain exceptions
AlaskaAlaska Stat. §§ 18.20.400–.49914 consecutive hoursUnforeseen emergency. On-call rotations still allowed.
CaliforniaWage Order 5, 8 CCR § 11050 (hospitals; Wage Order 4, § 11040, covers some health care roles)Up to 12 hours a day under a health care alternative workweek schedule; a health care emergency can extend this (check the wage order that covers your employer)Genuine emergency. Hours past 12 in a day are paid at double time.
ConnecticutConn. Gen. Stat. § 19a-490lNo more than the predetermined scheduleEmergency; critical-care nurse awaiting relief; completing a surgical procedure.
Illinois210 ILCS 85/10.912 consecutive hours, then 8 hours offUnforeseen emergency as a last resort, capped at 4 extra hours.
Maine26 M.R.S. § 60312 consecutive hours, then 10 hours offUnforeseen emergency where overtime is the last resort for patient safety.
MarylandMd. Lab. & Empl. § 3-421No more than the predetermined scheduleEmergency; completing a treatment; no replacement available. Excludes community-based care and agreed on-call rotations.
MassachusettsMass. Gen. Laws ch. 111 § 22616 consecutive hours in 24, then 8 hours offEmergency where no reasonable alternative exists.
MinnesotaMinn. Stat. § 181.27512 consecutive hoursEmergency. Does not cover nursing facilities, ICFs, boarding care or housing-with-services.
Missouri19 CSR 30-30.020Past 12 hours, the nurse may take 10 hours offUnexpected staffing shortage risking patient safety, after reasonable efforts to staff.
New HampshireN.H. RSA 275:6712 consecutive hours, then 8 hours offCompleting surgery; public-health emergency; no replacement in critical care or home health; CBA terms.
New JerseyN.J.A.C. 8:43E-8.5No more than the regular shiftUnforeseeable emergency as a last resort. Explicitly not for chronic short staffing; on-call may not substitute.
New YorkN.Y. Labor Law § 167No more than regularly scheduled hoursEmergency; healthcare disaster; completing a surgical procedure.
OregonORS 441.16612 consecutive hours in 24, 48 hrs/week, 10 hours off after hour 12Emergency; infectious-disease epidemic; unforeseen unavailability of the replacement nurse.
PennsylvaniaAct 102 of 2008Past 12 consecutive hours, 10 hours offUnforeseen emergency; completing a procedure; last-minute absence. On-call may not substitute.
Rhode IslandR.I. Gen. Laws § 23-17.20-312 consecutive hoursUnexpected emergency as a last resort, not to fill chronic vacancies.
TexasTex. Health & Safety Code § 258.003No more than the predetermined shiftDisaster; unforeseen emergency; completing a procedure. On-call may not substitute.
WashingtonRCW 49.28.14012 hours in 24; max 80 hours per 14 daysUnforeseen emergency; prescheduled on-call; completing a procedure; no replacement available.
West VirginiaW. Va. Code § 21-5F-316 hours in 24; past 12, then 8 hours offUnforeseen emergency; prescheduled on-call; completing a procedure.

Michigan is the state to watch. In April 2026 its Senate passed bipartisan bills (SB 296 and SB 297, 21 to 16) that would ban mandatory overtime for hospital registered nurses outside emergencies, require at least 8 hours off after a 12-hour shift unless the nurse agrees to waive it, and protect nurses who refuse mandated hours. The bills went to the House Government Operations Committee; if enacted, the rules would take effect in June 2027. That was the status in mid-2026, so check the Michigan Legislature website for the current stage.

What the exceptions actually cover

Nearly every one of these laws has a carve-out, and the carve-outs follow a pattern:

That last point is where most disputes land. A predictable Friday-night shortage that happens every week is a staffing plan, not an emergency.

If you are being mandated

  1. Write it down the same day. Date, times, who mandated you, and the reason given.
  2. Check your contract first. A union CBA often restricts mandation more tightly than state law, and grievance deadlines are short.
  3. Check the pay, separately. Even where the mandate was lawful, the hours must be paid at the correct rate. These are two different questions.
  4. Escalate to the state agency — usually the state Department of Labor or Department of Health — if the mandate breaks a state restriction.

Sources

State legislatures amend these provisions regularly. Check the linked statute for the current text before relying on it.

Related reading

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Frequently Asked Questions

Can a hospital legally force a nurse to work overtime?

Under federal law, yes. The FLSA sets no maximum hours for adult employees and no right to refuse, as long as the overtime is paid at time and a half. About 18 states have passed their own restrictions for nurses, so whether it is legal depends on your state, your facility type, and whether a genuine emergency exception applies.

Which states ban mandatory overtime for nurses?

States with statutes or regulations restricting or prohibiting mandatory nurse overtime include Alaska, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Texas, Washington and West Virginia. The strength of the restriction varies widely between them.

Can I be fired for refusing mandatory overtime?

In a state with no nurse-specific restriction, refusing assigned overtime can be treated as insubordination. In states that restrict mandation, the statutes usually include anti-retaliation protection when you refuse hours the employer was not allowed to require. A union contract may add further protection.

Does mandatory overtime have to be paid at time and a half?

Yes, for non-exempt nurses, every hour over 40 in a workweek is paid at 1.5 times the regular rate. The regular rate must include shift differentials and most non-discretionary bonuses, so the overtime rate is usually higher than 1.5 times the base hourly wage.

Is mandatory overtime the same as being on call?

No. Mandation means being required to stay past your scheduled shift and work. On-call time is waiting time, and whether it is paid depends on how much the employer restricts you while you wait. The two are governed by different rules.