Assembly Bill A8874B

Vetoed By Governor
2021-2022 Legislative Session

Relates to restrictions on consecutive hours of work for nurses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8063 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2021-A8874 - Details

See Senate Version of this Bill:
S8063
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A2057

2021-A8874 - Summary

Relates to restrictions on consecutive hours of work for nurses; provides circumstances for the reinstatement of limitations on mandatory overtime; provides for civil penalties for employers who violate work hours limitations.

2021-A8874 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8874
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 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:
 
   Section  1.  Subdivisions  3 and 4 of section 167 of the labor law, as
 added by chapter 493 of the  laws  of  2008,  are  amended  to  read  as
 follows:
   3. The limitations provided for in this section shall not apply in the
 case of:
   a. a health care disaster, such as a natural or other type of disaster
 that  increases the need for health care personnel, unexpectedly affect-
 ing the county in which the nurse is employed or in a contiguous county.
 THE LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END  OF
 THE HEALTH CARE DISASTER AND SHALL NOT EXCEED THREE CONSECUTIVE DAYS; or
   b.  a  federal,  state or county declaration of emergency in effect in
 the county in which the nurse is employed or in a contiguous county. THE
 LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END OF  THE
 DECLARED EMERGENCY OR AFTER THIRTY CONSECUTIVE DAYS, WHICHEVER IS SHORT-
 ER; or
   c.  where  a  health  care  employer determines there is an emergency,
 necessary to provide safe patient care, in which case  the  health  care
 provider  shall,  before requiring an on-duty employee to remain, make a
 good faith effort to have overtime covered on a voluntary basis, includ-
 ing, but not limited to, calling per  diems,  agency  nurses,  assigning
 floats, or requesting an additional day of work from off-duty employees,
 to  the  extent  such  staffing  options exist. For the purposes of this
 paragraph, "emergency", including an unanticipated  staffing  emergency,
 is  defined  as  an unforeseen event that could not be prudently planned
 for by an employer [and], does not regularly occur, AND DOES NOT INCLUDE
 ROUTINE  NURSE  STAFFING  NEEDS  THAT  AROSE  DUE  TO  TYPICAL  STAFFING
 PATTERNS, TYPICAL LEVELS OF ABSENTEEISM, AND TIME OFF TYPICALLY APPROVED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14110-01-1

co-Sponsors

2021-A8874A - Details

See Senate Version of this Bill:
S8063
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A2057

2021-A8874A - Summary

Relates to restrictions on consecutive hours of work for nurses; provides circumstances for the reinstatement of limitations on mandatory overtime; provides for civil penalties for employers who violate work hours limitations.

2021-A8874A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8874--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M. of A. JOYNER, OTIS, DARLING -- read once and referred
   to the Committee on  Labor  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section  1.  Subdivisions  3 and 4 of section 167 of the labor law, as
 added by chapter 493 of the  laws  of  2008,  are  amended  to  read  as
 follows:
   3. The limitations provided for in this section shall not apply in the
 case of:
   a. a health care disaster, such as a natural or other type of disaster
 that  increases the need for health care personnel, unexpectedly affect-
 ing the county in which the nurse is employed or in a contiguous county.
 THE LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END  OF
 THE HEALTH CARE DISASTER AND SHALL NOT EXCEED THREE CONSECUTIVE DAYS; or
   b.  a  federal,  state or county declaration of emergency in effect in
 the county in which the nurse is employed or in a contiguous county. THE
 LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END OF  THE
 DECLARED EMERGENCY OR AFTER THIRTY CONSECUTIVE DAYS, WHICHEVER IS SHORT-
 ER,  PROVIDED  THAT,  PURSUANT TO SECTION TWENTY-NINE-A OF THE EXECUTIVE
 LAW, NOTHING IN THIS SUBDIVISION SHALL LIMIT THE POWER OF  THE  GOVERNOR
 TO SUSPEND THE PROVISIONS OF THIS SUBDIVISION WHILE A FEDERAL, STATE, OR
 COUNTY DECLARATION OF EMERGENCY IS IN EFFECT; or
   c.  where  a  health  care  employer determines there is an emergency,
 necessary to provide safe patient care, in which case  the  health  care
 provider  shall,  before requiring an on-duty employee to remain, make a
 good faith effort to have overtime covered on a voluntary basis, includ-
 ing, but not limited to, calling per  diems,  agency  nurses,  assigning
 floats, or requesting an additional day of work from off-duty employees,
 to  the  extent  such  staffing  options exist. For the purposes of this
 paragraph, "emergency", including an unanticipated  staffing  emergency,
 is  defined  as  an unforeseen event that could not be prudently planned
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A8874B (ACTIVE) - Details

See Senate Version of this Bill:
S8063
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A2057

2021-A8874B (ACTIVE) - Summary

Relates to restrictions on consecutive hours of work for nurses; provides circumstances for the reinstatement of limitations on mandatory overtime; provides for civil penalties for employers who violate work hours limitations.

2021-A8874B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8874--B
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M. of A. JOYNER, OTIS, DARLING -- read once and referred
   to the Committee on  Labor  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section  1.  Subdivisions  3 and 4 of section 167 of the labor law, as
 added by chapter 493 of the  laws  of  2008,  are  amended  to  read  as
 follows:
   3. The limitations provided for in this section shall not apply in the
 case of:
   a. a health care disaster, such as a natural or other type of disaster
 that  increases the need for health care personnel, unexpectedly affect-
 ing the county in which the nurse is employed or in a contiguous county.
 THE LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END  OF
 THE HEALTH CARE DISASTER AND SHALL NOT EXCEED THREE CONSECUTIVE DAYS; or
   b.  a  federal,  state or county declaration of emergency in effect in
 the county in which the nurse is employed or in a contiguous county. THE
 LIMITATIONS ON MANDATORY OVERTIME SHALL BE REINSTATED AT THE END OF  THE
 DECLARED EMERGENCY OR AFTER THIRTY CONSECUTIVE DAYS, WHICHEVER IS SHORT-
 ER,  PROVIDED  THAT,  PURSUANT TO SECTION TWENTY-NINE-A OF THE EXECUTIVE
 LAW, NOTHING IN THIS SUBDIVISION SHALL LIMIT THE POWER OF  THE  GOVERNOR
 TO SUSPEND THE PROVISIONS OF THIS SUBDIVISION WHILE A FEDERAL, STATE, OR
 COUNTY DECLARATION OF EMERGENCY IS IN EFFECT; or
   c.  where  a  health  care  employer determines there is an emergency,
 necessary to provide safe patient care, in which case  the  health  care
 provider  shall,  before requiring an on-duty employee to remain, make a
 good faith effort to have overtime covered on a voluntary basis, includ-
 ing, but not limited to, calling per  diems,  agency  nurses,  assigning
 floats, or requesting an additional day of work from off-duty employees,
 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.

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