Senate Bill S850

Signed By Governor
2023-2024 Legislative Session

Relates to the restrictions on consecutive hours of work for nurses

download bill text pdf

Sponsored By

Current Bill Status Via A970 - Signed by Governor


  • 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

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2023-S850 (ACTIVE) - Details

See Assembly Version of this Bill:
A970
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L; amd §2, Chap of 2022 (as proposed in S.1997-A & A.286-A)

2023-S850 (ACTIVE) - Summary

Provides for oversight of the use of mandatory overtime during an emergency.

2023-S850 (ACTIVE) - Sponsor Memo

2023-S850 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    850
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor  law,  in  relation  to  the  restrictions  on
   consecutive  hours  of  work for nurses; and to amend a chapter of the
   laws of 2022 amending the labor law relating to  the  restrictions  on
   consecutive hours of work for nurses, as proposed in legislative bills
   numbers S. 1997-A and A. 286-A, in relation to the effectiveness ther-
   eof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 3 and subdivision 5  of  section
 167 of the labor law, as amended by a chapter of the laws of 2022 amend-
 ing  the  labor law relating to the restrictions on consecutive hours of
 work for nurses, as proposed in legislative bills numbers S. 1997-A  and
 A.    286-A,  are  amended  and  a new subdivision 7 is added to read as
 follows:
   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
   5.  OVERSIGHT OF THE USE OF MANDATORY OVERTIME DURING AN EMERGENCY. A.
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
 HAVE THE AUTHORITY TO PROMULGATE ANY REGULATIONS NECESSARY TO CARRY  OUT
 THE PROVISIONS OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04036-01-3
 S. 850                              2
              

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