Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2022 |
returned to senate passed assembly |
Jun 02, 2022 |
ordered to third reading rules cal.615 substituted for a8874b |
Jun 02, 2022 |
substituted by s8063a rules report cal.615 reported reported referred to rules |
May 17, 2022 |
reported referred to ways and means |
May 11, 2022 |
reported referred to codes |
May 06, 2022 |
print number 8874b |
May 06, 2022 |
amend and recommit to labor print number 8874a |
May 06, 2022 |
amend and recommit to labor |
Jan 19, 2022 |
referred to labor |
Assembly Bill A8874B
2021-2022 Legislative Session
Sponsored By
JOYNER
Archive: Last Bill Status Via S8063 - Passed Assembly
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Steven Otis
Taylor Darling
2021-A8874 - Details
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
Steven Otis
Taylor Darling
2021-A8874A - Details
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
Steven Otis
Taylor Darling
William Colton
Michael Durso
2021-A8874B (ACTIVE) - Details
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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