|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 23, 2018||referred to labor|
assembly Bill A10441
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A10441 (ACTIVE) - Details
A10441 (ACTIVE) - Summary
Assesses an employer a civil penalty of not less than one thousand nor more than ten thousand dollars, per violation where an employer requires a nurse to work more that such nurse's regularly scheduled work hours; further provides that the employee shall receive an additional fifteen percent of the overtime payment from the employer for each violation.
A10441 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10441 I N A S S E M B L Y April 23, 2018 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to the restrictions on consecutive hours of work for nurses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 167 of the labor law, as added by chapter 493 of the laws of 2008, is amended to read as follows: § 167. Restrictions on consecutive hours of work for nurses. 1. When used in this section: a. "Health care employer" shall mean any individual, partnership, association, corporation, limited liability company or any person or group of persons acting directly or indirectly on behalf of or in the interest of the employer, which provides health care services (i) in a facility licensed or operated pursuant to article twenty-eight of the public health law, including any facility operated by the state, a poli- tical subdivision or a public corporation as defined by section sixty- six of the general construction law, or (ii) in a facility operated by the state, a political subdivision or a public corporation as defined by section sixty-six of the general construction law, operated or licensed pursuant to the mental hygiene law, the education law, THE SOCIAL SERVICES LAW or the correction law. b. "Nurse" shall mean a registered professional nurse or a licensed practical nurse as defined by article one hundred thirty-nine of the education law who provides direct patient care. c. "Regularly scheduled work hours", including pre-scheduled on-call time and the time spent for the purpose of communicating shift reports regarding patient status necessary to ensure patient safety, shall mean those hours a nurse has agreed to work and is normally scheduled to work pursuant to the budgeted hours allocated to the nurse's position by the health care employer; and if no such allocation system exists, some other measure generally used by the health care employer to determine when an employee is minimally supposed to work, consistent with the collective bargaining agreement, if any. Nothing in this section shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.