senate Bill S1997

2021-2022 Legislative Session

Relates to the restrictions on consecutive hours of work for nurses

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate

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

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view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 referred to labor
delivered to assembly
passed senate
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1109
Jan 16, 2021 referred to labor


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S1997 (ACTIVE) - Details

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

S1997 (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.

S1997 (ACTIVE) - Sponsor Memo

S1997 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                             January 16, 2021
 Introduced by Sens. JACKSON, BENJAMIN, BIAGGI, SALAZAR -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
 AN ACT to amend the labor  law,  in  relation  to  the  restrictions  on
   consecutive hours of work for nurses
   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
                       [ ] is old law to be omitted.


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