What's happening
This bill prohibits facilities for people with developmental disabilities or mental health from requiring direct care workers to work over 60 hours per week, except during emergencies.
Why it matters
Addresses staff burnout and safety. By capping non-emergency weekly hours for direct care workers at 60, the bill aims to reduce chronic overwork, which is linked to high stress, employee turnover, and the risk of mistakes that can endanger both staff and residents.
Improves quality of care for vulnerable populations. Limiting excessive overtime helps ensure that people with developmental disabilities or mental health needs are cared for by alert and attentive staff, rather than exhausted workers who may not perform at their best.
Creates clearer emergency standards. The bill clarifies that exceptions to the work hour cap can only be made for true emergencies (e.g., fire, flood, or danger to life or property), which helps prevent routine overuse of overtime under the guise of “emergency.”
May impact staffing and facility budgets. Facilities will need to manage staffing within these new limits, possibly requiring them to hire more workers or adjust schedules, which could have financial and operational implications—potentially balancing worker well-being against resource constraints.
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Who cares
Headline styles
Limit Care Worker Hours
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Cap Direct Care Workweek
In Assembly Committee · Mental Health · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6584
2017-2018 Regular Sessions
IN SENATE
June 5, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to limiting the work week of direct care workers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13.19 of the mental hygiene law, as amended by section 2 of part J of chapter 56 of the laws of 2012, is amended to read as follows: § 13.19 Personnel of the office; regulations.
(a) The commissioner may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office for people with developmental disabilities as are necessary for efficient administration. The commissioner shall, in exercising his or her appointing authority, take, consistent with article twenty-three-A of the correction law, all reasonable and necessary steps to ensure that any such person so appointed has not previously engaged in any act in violation of any law which indicates a propensity to act in a manner that would compromise the health and safety of individuals with developmental disabilities.
(b) The director of a hospital or institute in the office shall have professional qualifications and experience to be prescribed by the commissioner.
(c) Notwithstanding the provisions of any other law, the position of deputy director in an office facility may be filled by new hire or by promotion open to employees who possess the minimum qualifications for the position.
[(c)] (d) The use of volunteers in the office for people with developmental disabilities shall be encouraged. The commissioner may establish regulations governing such volunteer services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08979-01-7
S. 6584 2
[(d)] (e) Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides, the commissioner is authorized to implement the provisions of such agreement relating to discipline consistent with the terms thereof.
(f) Notwithstanding any other provision of law no provider operating a facility licensed, operated, or certified by the office shall require a direct care worker to work more than sixty hours in a seven day work week except in cases of extraordinary emergency including, but not limited to, fire, flood, or danger to life or property. For the purposes of this subdivision, "direct care worker" shall mean an employee whose primary responsibility is the daily care of, supervision of, and interaction with residents of a residential facility licensed, operated, or certified by the office for people with developmental disabilities.
§ 2. Section 7.07 of the mental hygiene law is amended by adding a new subdivision (g) to read as follows:
(g) Notwithstanding any other provision of law no provider operating a facility licensed, operated, or certified by the office of mental health shall require a direct care worker to work more than sixty hours in a seven day work week except in cases of extraordinary emergency including, but not limited to, fire, flood, or danger to life or property. For the purposes of this subdivision "direct care worker" shall mean an employee whose primary responsibility is the daily care of, supervision of, and interaction with residents of a residential facility licensed, operated, or certified by the office of mental health.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to limiting the work week of direct care workers
PURPOSE OR GENERAL IDEA OF BILL
This legislation would limit the requirement that a direct care worker (OMH,OPWDD) work more than sixty hours in a seven day work week.
SUMMARY OF PROVISIONS
Section 1 amends Section 2 of part J of Chapter 56 of the laws of 2012 to state that no provider operating, licensed or certified by OPWDD shall require a direct care worker to work more than sixty hours in a seven day work week except in cases of extraordinary reasons.
Section 2 amends Section 7.07 of mental hygiene law to state that no provider operating, licensed or certified by OMH shall require a direct care worker to work more than sixty hours in a seven day work. week except in cases of extraordinary reasons.
Section 3 is the effective date.
Justification
Our direct care workers are often asked to undertake herculean efforts in the assistance and support they provide to the individuals they serve, one of which is the incredibly long hours and days that they are often required to work. Even more important is the individuals they serve deserve the very best efforts of these direct service professionals, a very best that is impossible to provide when asked to work so many overtime hours. This legislation merely seeks to provide these DSP's the comfort in knowing that they cannot be required to work more than sixty hours in seven day work week.
PRIOR LEGISLATIVE HISTORY
This is a new bill.
Fiscal implications for state and local governments
Undetermined.
EFFECTIVE DATE This act shall take effect on the 90th day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.