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 01, 2022 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.1837 committee discharged and committed to rules |
May 09, 2022 |
print number 8063a |
May 09, 2022 |
amend and recommit to finance |
Feb 01, 2022 |
reported and committed to finance |
Jan 24, 2022 |
referred to labor |
Senate Bill S8063A
2021-2022 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Archive: Last Bill Status - Passed Senate & 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
(D) 36th Senate District
(D) 50th Senate District
2021-S8063 - Details
2021-S8063 - Sponsor Memo
BILL NUMBER: S8063 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to restrictions on consec- utive hours of work for nurses PURPOSE OR GENERAL IDEA OF BILL: This bill would amend subdivisions 3 and 4 of section 167 of the labor law to limit the time of the suspension of mandatory overtime for nurses for a natural disaster or declared emergency. It would prevent an employer from declaring a staffing emergency for routine nurse staffing needs and impose monetary penalties for violation of the law. SUMMARY OF PROVISIONS: Section 1: Amends subdivisions 3 and 4 of section 167 of the labor law, as added by chapter 493 of the laws of 2008 to reinstate the limitations on mandatory overtime at three consecutive days after a disaster or thirty consecutive days after a declared emergency. A staffing emergency
2021-S8063 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8063 I N S E N A T E January 24, 2022 ___________ Introduced by Sen. RAMOS -- 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 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
(D) 36th Senate District
(D) 30th Senate District
(D, WF) 31st Senate District
(D) 50th Senate District
2021-S8063A (ACTIVE) - Details
2021-S8063A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8063A SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to restrictions on consec- utive hours of work for nurses PURPOSE OR GENERAL IDEA OF BILL: This bill would amend subdivisions 3 and 4 of section 167 of the labor law to limit the time of the suspension of mandatory overtime for nurses for a natural disaster or declared emergency. It would prevent an employer from declaring a staffing emergency for routine nurse staffing needs and impose monetary penalties for violation of the law. SUMMARY OF PROVISIONS: Section 1: Amends subdivisions 3 and 4 of section 167 of the labor law, as added by chapter 493 of the laws of 2008 to reinstate the limitations on mandatory overtime at three consecutive days after a disaster or thirty consecutive days after a declared emergency. A staffing emergency
2021-S8063A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8063--A I N S E N A T E January 24, 2022 ___________ Introduced by Sens. RAMOS, BAILEY, MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee and committed to the Committee on Finance -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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