NY State Senate Bill S1997A

Archive: Last Bill Status Via A286 - 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 (23)

	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 31, 2022	substituted by a286a
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.393
Jan 14, 2022	print number 1997a
Jan 14, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor returned to senate died in assembly
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

Votes

view votes

May 31, 2022 - floor Vote

A286A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2022 - Labor committee Vote

S1997A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 10, 2021 - floor Vote

S1997

floor

Aye

Nay

Absent

Excused

Abstained

May 18, 2021 - Labor committee Vote

S1997

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1997 - Details

See Assembly Version of this Bill:: A286
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 - 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.

S1997 - Sponsor Memo

 
BILL NUMBER: S1997

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the labor law, in relation to the restrictions on
consecutive hours of work for nurses

 
PURPOSE:

This bill would provide a mechanism for a civil penalty in the event an
employer violates the provisions of law, which place restrictions on
consecutive hours of work for nurses.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 167 of the Labor Law regarding restrictions on
consecutive hours of work for nurses to establish that if after investi-
gations, the commissioner determines that an employer has violated this
section, the commissioner shall issue an employer an order directing
compliance, which shall describe the alleged violation. A copy of such

order shall be provided to any employee who has filed a complaint and to
his or her authorized representative.  The commissioner shall assess the
employer a civil penalty of not less than $1000 nor more than $10,000
per violation. The employee shall receive an additional 15% of the over-
time payment from the employer for each violation as damages.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Nurses are the backbone of our healthcare system, and work selflessly to
provide quality health care to their patients. Currently, employers are
prohibited by law from requiring a nurse to work more than that nurse's
regularly scheduled work hours except in cases of a federal, state or
county declaration of emergency, health care disaster, an ongoing
medical or surgical procedure or other emergencies. Nonetheless, nurses
are often required to work beyond their agreed upon scheduled work
hours. This bill would provide a mechanism for a civil penalty where an
employer violated the law, as well as provides the employee with an
additional 15% of overtime payment for each violation as damages.

 
LEGISLATIVE HISTORY:

2019-2020: S.5424 - Referred to Labor/A.3706 - Referred to Labor

2017-2018: S.6311 - Referred to Labor/A.10441 - Referred to Labor

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S1997 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1997
 
                        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
   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
                       [ ] is old law to be omitted.

                                                            LBD02199-01-1

 S. 1997                             2
 
 health  care  employer;  and  if  no such allocation system exists, some
 other measure generally used by the health care  employer  to  determine
 when  an  employee  is  minimally  supposed to work, consistent with the
 collective  bargaining  agreement, if any. Nothing in this section shall
 be construed to permit an employer to use on-call time as  a  substitute
 for mandatory overtime.
   2.  a.  Notwithstanding  any  other  provision  of  law no health care
 employer shall require a nurse to work more than that nurse's  regularly
 scheduled  work  hours,  except  pursuant  to  subdivision three of this
 section.
   b. Nothing in this section shall prohibit  a  nurse  from  voluntarily
 working overtime.
   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;
 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; 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; or
   d. an ongoing medical or surgical procedure  in  which  the  nurse  is
 actively  engaged and whose continued presence through the completion of
 the procedure is needed to ensure the health and safety of the patient.
   4. The provisions of this section are intended as a  remedial  measure
 to  protect the public health and the quality of patient care, and shall
 not be construed to diminish or waive any rights of any  nurse  pursuant
 to any other law, regulation, or collective bargaining agreement.
   5.  IF,  AFTER  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT AN
 EMPLOYER HAS VIOLATED THIS SECTION, THE COMMISSIONER SHALL ISSUE TO  THE
 EMPLOYER  AN  ORDER DIRECTING COMPLIANCE THEREWITH, WHICH SHALL DESCRIBE
 PARTICULARLY THE ALLEGED VIOLATION.  A  COPY  OF  SUCH  ORDER  SHALL  BE
 PROVIDED  TO  ANY  EMPLOYEE  WHO HAS FILED A COMPLAINT AND TO HIS OR HER
 AUTHORIZED REPRESENTATIVE. THE COMMISSIONER SHALL ASSESS THE EMPLOYER  A
 CIVIL  PENALTY  OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TEN THOUSAND
 DOLLARS, PER VIOLATION. THE EMPLOYEE SHALL RECEIVE AN ADDITIONAL FIFTEEN
 PERCENT OF THE OVERTIME PAYMENT FROM THE EMPLOYER FOR EACH VIOLATION  AS
 DAMAGES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Co-Sponsors

view additional co-sponsors

S1997A (ACTIVE) - Details

See Assembly Version of this Bill:: A286
Law Section:: Labor Law
Laws Affected:: Amd §167, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6311, A10441
2019-2020: S5424, A3706

S1997A (ACTIVE) - Summary

S1997A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1997A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the labor law, in relation to the restrictions on
consecutive hours of work for nurses

 
PURPOSE:

This bill would provide a mechanism for a civil penalty in the event an
employer violates the provisions of law, which place restrictions on
consecutive hours of work for nurses.

 
SUMMARY OF PROVISIONS:

Section one amends Section 167 of the Labor Law regarding restrictions
on consecutive hours of work for nurses to establish that if after
investigations, the commissioner determines that an employer has
violated this section, the commissioner shall issue an employer an order
directing compliance, which shall describe the alleged violation. A copy
of such order shall be provided to any employee who has filed a

complaint and to his or her authorized representative.  The commissioner
shall assess the employer a civil penalty of an amount not to exceed
$1000 for a first violation, $2000 for a second violation, and $3000 for
a third violation. The employee shall receive an additional 15% of the
overtime payment from the employer for each violation as damages.

Section two establishes the effective date.

 
JUSTIFICATION:

Nurses are the backbone of our healthcare system, and work selflessly to
provide quality health care to their patients. Currently, employers are
prohibited by law from requiring a nurse to work more than that nurse's
regularly scheduled work hours except in cases of a federal, state or
county declaration of emergency, health care disaster, an ongoing
medical or surgical procedure or other emergencies. Nonetheless, nurses
are often required to work beyond their agreed upon scheduled work
hours. This bill would provide a mechanism for a civil penalty where an
employer violated the law, as well as provides the employee with an
additional 15% of overtime payment for each violation as damages.

 
LEGISLATIVE HISTORY:

2019-2020: S.5424 - Referred to Labor/A.3706 - Referred to Labor

2017-2018: S.6311 - Referred to Labor/A.10441 - Referred to Labor

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S1997A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1997--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  JACKSON,  BIAGGI, BROUK, HOYLMAN, MANNION, RAMOS,
   SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Labor -- recommitted to the Committee on
   Labor   in  accordance  with  Senate  Rule  6,  sec.  8  --  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.
                                                            LBD02199-03-2

 S. 1997--A                          2
 
 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
 health  care  employer;  and  if  no such allocation system exists, some
 other measure generally used by the health care  employer  to  determine
 when  an  employee  is  minimally  supposed to work, consistent with the
 collective bargaining agreement, if any. Nothing in this  section  shall
 be  construed  to permit an employer to use on-call time as a substitute
 for mandatory overtime.
   2. a. Notwithstanding any  other  provision  of  law  no  health  care
 employer  shall require a nurse to work more than that nurse's regularly
 scheduled work hours, except  pursuant  to  subdivision  three  of  this
 section.
   b.  Nothing  in  this  section shall prohibit a nurse from voluntarily
 working overtime.
   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;
 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; 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; or
   d.  an  ongoing  medical  or  surgical procedure in which the nurse is
 actively engaged and whose continued presence through the completion  of
 the procedure is needed to ensure the health and safety of the patient.
   4.  The  provisions of this section are intended as a remedial measure
 to protect the public health and the quality of patient care, and  shall
 not  be  construed to diminish or waive any rights of any nurse pursuant
 to any other law, regulation, or collective bargaining agreement.
   5. IF,  AFTER  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT  AN
 EMPLOYER  HAS VIOLATED THIS SECTION, THE COMMISSIONER SHALL ISSUE TO THE
 EMPLOYER AN ORDER DIRECTING COMPLIANCE THEREWITH, WHICH  SHALL  DESCRIBE
 PARTICULARLY  THE  ALLEGED  VIOLATION.  A  COPY  OF  SUCH ORDER SHALL BE
 PROVIDED TO ANY EMPLOYEE WHO HAS FILED A COMPLAINT AND  TO  HIS  OR  HER
 AUTHORIZED  REPRESENTATIVE. THE COMMISSIONER SHALL ASSESS THE EMPLOYER A
 CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED  ONE  THOUSAND  DOLLARS  FOR  A
 FIRST  VIOLATION,  TWO THOUSAND DOLLARS FOR A SECOND VIOLATION, OR THREE
 THOUSAND DOLLARS FOR A THIRD OR  SUBSEQUENT  VIOLATION.    THE  EMPLOYEE
 SHALL RECEIVE AN ADDITIONAL FIFTEEN PERCENT OF THE OVERTIME PAYMENT FROM
 THE EMPLOYER FOR EACH VIOLATION AS DAMAGES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S1997A

Sponsored By

Archive: Last Bill Status Via A286 - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

Feb 1, 2022 - Labor committee Vote

Labor Committee Vote: Feb 1, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

May 18, 2021 - Labor committee Vote

Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S1997 - Details

S1997 - Summary

S1997 - Sponsor Memo

S1997 - Bill Text download pdf

Co-Sponsors

S1997A (ACTIVE) - Details

S1997A (ACTIVE) - Summary

S1997A (ACTIVE) - Sponsor Memo

S1997A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1997A

Share this bill

Sponsored By

Archive: Last Bill Status Via A286 - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

Feb 1, 2022 - Labor committee Vote

Labor Committee Vote: Feb 1, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

May 18, 2021 - Labor committee Vote

Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S1997 - Details

S1997 - Summary

S1997 - Sponsor Memo

S1997 - Bill Text download pdf

Co-Sponsors

S1997A (ACTIVE) - Details

S1997A (ACTIVE) - Summary

S1997A (ACTIVE) - Sponsor Memo

S1997A (ACTIVE) - Bill Text download pdf

Comments