assembly Bill A286A

Signed By Governor
2021-2022 Legislative Session

Relates to the restrictions on consecutive hours of work for nurses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 30, 2022 approval memo.96
signed chap.815
Dec 19, 2022 delivered to governor
May 31, 2022 returned to assembly
passed senate
3rd reading cal.393
substituted for s1997a
May 17, 2022 referred to labor
delivered to senate
passed assembly
May 16, 2022 ordered to third reading rules cal.169
rules report cal.169
reported
May 10, 2022 reported referred to rules
Mar 29, 2022 reported referred to codes
Jan 12, 2022 print number 286a
Jan 12, 2022 amend and recommit to labor
Jan 05, 2022 referred to labor
Jan 06, 2021 referred to labor

Co-Sponsors

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A286 - Details

See Senate Version of this Bill:
S1997
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10441, S6311
2019-2020: A3706, S5424

A286 - Summary

Assesses an employer a civil penalty where an employer requires a nurse to work more than such nurse's regularly scheduled work hours; provides that the employee shall receive an additional fifteen percent of the overtime payment from the employer for each violation.

A286 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    286
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, BARRON, STECK, JACOBSON, BRAUNSTEIN,
   CRUZ, RICHARDSON -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A286A (ACTIVE) - Details

See Senate Version of this Bill:
S1997
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10441, S6311
2019-2020: A3706, S5424

A286A (ACTIVE) - Summary

Assesses an employer a civil penalty where an employer requires a nurse to work more than such nurse's regularly scheduled work hours; provides that the employee shall receive an additional fifteen percent of the overtime payment from the employer for each violation.

A286A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  286--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GUNTHER, STECK, JACOBSON, BRAUNSTEIN, CRUZ, RICH-
   ARDSON, HEVESI, ENGLEBRIGHT -- read once and referred to the Committee
   on  Labor  -- recommitted to the Committee on Labor in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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  [or],  the
 correction law, OR SECTION FIVE HUNDRED FOUR OF THE EXECUTIVE 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.