STATE OF NEW YORK ________________________________________________________________________ 2057 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to restrictions on consec- utive hours of work for nurses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3, 4 and 5 of section 167 of the labor law, 2 subdivisions 3 and 4 as amended and subdivision 5 as added by chapter 3 815 of the laws of 2022, are amended to read as follows: 4 3. The limitations provided for in this section shall not apply in the 5 case of: 6 a. a health care disaster, such as a natural or other type of disaster 7 that increases the need for health care personnel, unexpectedly affect- 8 ing the county in which the nurse is employed or in a contiguous county. 9 The limitations on mandatory overtime shall be reinstated at the end of 10 the health care disaster and shall not exceed three consecutive days; or 11 b. a federal, state or county declaration of emergency in effect in 12 the county in which the nurse is employed or in a contiguous county. The 13 limitations on mandatory overtime shall be reinstated at the end of the 14 declared emergency or after thirty consecutive days, whichever is short- 15 er, provided that, pursuant to section twenty-nine-a of the executive 16 law, nothing in this subdivision shall limit the power of the governor 17 to suspend the provisions of this subdivision while a federal, state, or 18 county declaration of emergency is in effect; or 19 c. where a health care employer determines there is an emergency, 20 necessary to provide safe patient care, in which case the health care 21 provider shall, before requiring an on-duty employee to remain, make a 22 good faith effort to have overtime covered on a voluntary basis, includ- 23 ing, but not limited to, calling per diems, agency nurses, assigning 24 floats, or requesting an additional day of work from off-duty employees, 25 to the extent such staffing options exist. For the purposes of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06876-01-3

A. 2057 2 1 paragraph, "emergency", including an unanticipated staffing emergency, 2 is defined as an unforeseen event that could not be prudently planned 3 for by an employer [~~and~~], does not regularly occur, and does not include 4 routine nurse staffing needs that arose due to typical staffing 5 patterns, typical levels of absenteeism, and time off typically approved 6 by the employer for vacations, holidays, sick leave, and personal leave; 7 or 8 d. an ongoing medical or surgical procedure in which the nurse is 9 actively engaged and whose continued presence through the completion of 10 the procedure is needed to ensure the health and safety of the patient. 11 4. The department shall assess an employer a civil penalty of not more 12 than one thousand dollars for a first violation, no more than two thou- 13 sand five hundred dollars for a second violation within three years, and 14 no more than five thousand dollars for a third or subsequent violation 15 within three years where an employer requires a nurse to work more than 16 such nurse's regularly scheduled work hours; provided, further, that the 17 employee shall receive an additional fifteen percent of the overtime 18 payment from the employer for each violation. 19 5. The provisions of this section are intended as a remedial measure 20 to protect the public health and the quality of patient care, and shall 21 not be construed to diminish or waive any rights of any nurse pursuant 22 to any other law, regulation, or collective bargaining agreement. 23 [5.] 6. If, after investigation, the commissioner determines that an 24 employer has violated this section, the commissioner shall issue to the 25 employer an order directing compliance therewith, which shall describe 26 particularly the alleged violation. A copy of such order shall be 27 provided to any employee who has filed a complaint and to his or her 28 authorized representative. The commissioner shall assess the employer a 29 civil penalty in an amount not to exceed one thousand dollars for a 30 first violation, two thousand dollars for a second violation, or three 31 thousand dollars for a third or subsequent violation. The employee shall 32 receive an additional fifteen percent of the overtime payment from the 33 employer for each violation as damages. 34 § 2. This act shall take effect immediately.

Relates to restrictions on consecutive hours of work for nurses

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