senate Bill S8063A

2021-2022 Legislative Session

Relates to restrictions on consecutive hours of work for nurses

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (13)
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

Votes

view votes

Jun 1, 2022 - Rules committee Vote

S8063A
17
1
committee
17
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Feb 1, 2022 - Labor committee Vote

S8063
10
2
committee
10
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 1, 2022

nay (2)
aye wr (1)

Co-Sponsors

S8063 - Details

See Assembly Version of this Bill:
A8874
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L

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

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

view additional co-sponsors

S8063A (ACTIVE) - Details

See Assembly Version of this Bill:
A8874
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L

S8063A (ACTIVE) - 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.

S8063A (ACTIVE) - Sponsor Memo

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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