|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 30, 2019||referred to labor|
senate Bill S5424
Current Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5424 (ACTIVE) - Details
S5424 (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 than 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.
S5424 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5424 SPONSOR: JACKSON TITLE OF BILL: An act to amend the labor law, in relation to the restrictions on consecutive hours of work for nurses PURPOSE: This bill would provide a mechanism for a civil penalty in the event an employer violates the provisions of law, which place restrictions on consecutive hours of work for nurses. SUMMARY OF PROVISIONS: Section one amends section 167 of the labor law regarding restrictions on consecutive hours of work for nurses to establish that if after investigations, the commissioner determines that an employer has violated this section, the commissioner shall issue an employer an order directing compliance, which shall describe the alleged violation. A copy of such order shall be provided to any employee who has filed a complaint and to his or her authorized representative. The commissioner
S5424 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5424 2019-2020 Regular Sessions I N S E N A T E April 30, 2019 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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