NY State Senate Bill S8063A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	vetoed memo.193
Dec 19, 2022	delivered to governor
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

Votes

view votes

Jun 1, 2022 - floor Vote

S8063A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 1, 2022 - Rules committee Vote

S8063A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 1, 2022 - Labor committee Vote

S8063

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S8063 - Details

See Assembly Version of this Bill:: A8874
Law Section:: Labor Law
Laws Affected:: Amd §167, Lab L
Versions Introduced in 2023-2024 Legislative Session:: A2057

S8063 - 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.

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

does not include routine nurse staffing needs and the department may
give an employer a civil penalty between one thousand and ten thousand
dollars per violation when the nurse is required to work more than their
scheduled work hours.

 
JUSTIFICATION:

The ban on Mandatory Overtime (MOT) for nurses in New York state was
intended to enhance patient safety and increase nurse retention.  Howev-
er, the law has been challenging to enforce and causes nurses to leave
the profession. The current mandatory overtime law allows a waiver of
enforcement during a declared emergency, and without a strict time limit
on the duration of the mandatory overtime waiver, many nurses choose to
leave the profession rather than deal with unlimited forced overtime.
This legislation addresses the ongoing staffing crisis among nurses and
improves enforcement of mandatory overtime. Currently, the law allows
for mandatory overtime during a natural disaster. This legislation would
limit the law's suspension for a natural disaster or declared emergency
and would prevent an employer from declaring a staffing emergency for
routine nurse staffing needs. This legislation would also impose mone-
tary penalties for employers who violate the law. The state continues to
face issues related to nurse retention and by banning unfair mandatory
overtime practices it will increase the number of nurses who want to
work and benefit the patients that they serve.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
Immediately

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

 S. 8063                             2
 
 BY THE EMPLOYER FOR VACATIONS, HOLIDAYS, SICK LEAVE, AND PERSONAL LEAVE;
 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  DEPARTMENT  SHALL ASSESS AN EMPLOYER A CIVIL PENALTY OF NOT
 LESS THAN ONE THOUSAND DOLLARS 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;  PROVIDED,  FURTHER,  THAT  THE
 EMPLOYEE  SHALL  RECEIVE  AN  ADDITIONAL FIFTEEN PERCENT OF THE OVERTIME
 PAYMENT FROM THE EMPLOYER FOR EACH VIOLATION.
   5. 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.
   § 2. This act shall take effect immediately.

Co-Sponsors

S8063A (ACTIVE) - Details

See Assembly Version of this Bill:: A8874
Law Section:: Labor Law
Laws Affected:: Amd §167, Lab L
Versions Introduced in 2023-2024 Legislative Session:: A2057

S8063A (ACTIVE) - Summary

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

does not include routine nurse staffing needs and the department may
give an employer a civil penalty between one thousand and ten thousand
dollars per violation when the nurse is required to work more than their
scheduled work hours.

Section 2 lists the effective date.

 
JUSTIFICATION:

The ban on Mandatory Overtime (MOT) for nurses in New York State was
intended to enhance patient safety and increase nurse retention.  Howev-
er, the law has been challenging to enforce and causes nurses to leave
the profession. The current mandatory overtime law allows a waiver of
enforcement during a declared emergency, and without a strict time limit
on the duration of the mandatory overtime waiver, many nurses choose to
leave the profession rather than deal with unlimited forced overtime.

This legislation addresses the ongoing staffing crisis among nurses and
improves enforcement of mandatory overtime. Currently the law allows for
mandatory overtime during a natural disaster.

This legislation would limit the law's suspension for a natural disaster
or declared emergency and would prevent an employer from declaring a
staffing emergency for routine nurse staffing needs. This legislation
would also impose monetary penalties for employers who violate the law.

The state continues to face issues related to nurse retention and by
banning unfair mandatory overtime practices it will increase the number
of nurses who want to work and benefit the patients that they serve.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

A-print amendment clarifies that nothing in the power of the governor to
suspend such mandatory federal, state, or local county deceleration is
penalties to scale by number of violations.  Subdivision shall limit the
overtime limits while a in effect, and modifies the B-print amendment
makes technical changes.
 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
Immediately

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.

                                                            LBD14110-07-2
 S. 8063--A                          2
 
 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
 BY THE EMPLOYER FOR VACATIONS, HOLIDAYS, SICK LEAVE, AND PERSONAL LEAVE;
 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 DEPARTMENT SHALL ASSESS AN EMPLOYER A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS FOR A FIRST VIOLATION, NO MORE THAN TWO  THOU-
 SAND FIVE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN THREE YEARS, AND
 NO  MORE  THAN FIVE THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION
 WITHIN THREE YEARS WHERE AN EMPLOYER REQUIRES A NURSE TO WORK MORE  THAN
 SUCH NURSE'S REGULARLY SCHEDULED WORK HOURS; PROVIDED, FURTHER, THAT THE
 EMPLOYEE  SHALL  RECEIVE  AN  ADDITIONAL FIFTEEN PERCENT OF THE OVERTIME
 PAYMENT FROM THE EMPLOYER FOR EACH VIOLATION.
   5. 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.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S8063A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

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Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Rules Committee Vote: Jun 1, 2022

Feb 1, 2022 - Labor committee Vote

Committee Vote: Feb 1, 2022

Bill Amendments

Co-Sponsors

S8063 - Details

S8063 - Summary

S8063 - Sponsor Memo

S8063 - Bill Text download pdf

Co-Sponsors

S8063A (ACTIVE) - Details

S8063A (ACTIVE) - Summary

S8063A (ACTIVE) - Sponsor Memo

S8063A (ACTIVE) - Bill Text download pdf

Comments

Related Issues

senate Bill S8063A

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Rules Committee Vote: Jun 1, 2022

Feb 1, 2022 - Labor committee Vote

Committee Vote: Feb 1, 2022

Bill Amendments

Co-Sponsors

S8063 - Details

S8063 - Summary

S8063 - Sponsor Memo

S8063 - Bill Text download pdf

Co-Sponsors

S8063A (ACTIVE) - Details

S8063A (ACTIVE) - Summary

S8063A (ACTIVE) - Sponsor Memo

S8063A (ACTIVE) - Bill Text download pdf

Comments

Related Issues