assembly Bill A10441

2017-2018 Legislative Session

Relates to the restrictions on consecutive hours of work for nurses

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 23, 2018 referred to labor


A10441 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A3706, S5424
2021-2022: A286, S1997

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


                          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


  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