A08874 Summary:

BILL NOA08874B
 
SAME ASSAME AS S08063-A
 
SPONSORJoyner
 
COSPNSROtis, Darling, Colton, Durso, Gonzalez-Rojas, Griffin
 
MLTSPNSR
 
Amd §167, Lab L
 
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.
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A08874 Actions:

BILL NOA08874B
 
01/19/2022referred to labor
05/06/2022amend and recommit to labor
05/06/2022print number 8874a
05/06/2022amend and recommit to labor
05/06/2022print number 8874b
05/11/2022reported referred to codes
05/17/2022reported referred to ways and means
06/02/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.615
06/02/2022substituted by s8063a
 S08063 AMEND=A RAMOS
 01/24/2022REFERRED TO LABOR
 02/01/2022REPORTED AND COMMITTED TO FINANCE
 05/09/2022AMEND AND RECOMMIT TO FINANCE
 05/09/2022PRINT NUMBER 8063A
 06/01/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/01/2022ORDERED TO THIRD READING CAL.1837
 06/01/2022PASSED SENATE
 06/01/2022DELIVERED TO ASSEMBLY
 06/01/2022referred to ways and means
 06/02/2022substituted for a8874b
 06/02/2022ordered to third reading rules cal.615
 06/03/2022passed assembly
 06/03/2022returned to senate
 12/19/2022DELIVERED TO GOVERNOR
 12/30/2022VETOED MEMO.193
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A08874 Committee Votes:

LABOR Chair:Joyner DATE:05/11/2022AYE/NAY:27/1 Action: Favorable refer to committee Codes
JoynerAyeBrabenecAye
AbbateAyeDiPietroNay
ColtonAyeByrneAye
BenedettoAyeMorinelloAye
HevesiAyeDeStefanoAye
BronsonAyeSchmittAye
RozicAyeDursoAye
SimonAyeGiglioAye
SteckAye
BarnwellAye
RosenthalAye
CruzAye
ReyesAye
RamosAye
JacobsonAye
BurgosAye
ZinermanAye
TaylorAye
FernandezAye
SillittiAye

CODES Chair:Dinowitz DATE:05/17/2022AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
AbinantiAye
WeprinAye
HevesiAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye

WAYS AND MEANS Chair:Weinstein DATE:06/02/2022AYE/NAY:33/1 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickNay
NolanAyeHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushExcused
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickAyeByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
Bichotte HermelAye

RULES Chair:Gottfried DATE:06/02/2022AYE/NAY:27/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushExcused
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaExcused
HyndmanAye

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A08874 Floor Votes:

There are no votes for this bill in this legislative session.
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A08874 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8874--B
 
                   IN ASSEMBLY
 
                                    January 19, 2022
                                       ___________
 
        Introduced  by  M. of A. JOYNER, OTIS, DARLING -- read once and referred
          to the Committee on  Labor  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, 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:
 
     1    Section  1.  Subdivisions  3 and 4 of section 167 of the labor law, as
     2  added by chapter 493 of the  laws  of  2008,  are  amended  to  read  as
     3  follows:
     4    3. The limitations provided for in this section shall not apply in the
     5  case of:
     6    a. a health care disaster, such as a natural or other type of disaster
     7  that  increases the need for health care personnel, unexpectedly affect-
     8  ing the county in which the nurse is employed or in a contiguous county.
     9  The limitations on mandatory overtime shall be reinstated at the end  of
    10  the health care disaster and shall not exceed three consecutive days; or
    11    b.  a  federal,  state or county declaration of emergency in effect in
    12  the county in which the nurse is employed or in a contiguous county. The
    13  limitations on mandatory overtime shall be reinstated at the end of  the
    14  declared emergency or after thirty consecutive days, whichever is short-
    15  er,  provided  that,  pursuant to section twenty-nine-a of the executive
    16  law, nothing in this subdivision shall limit the power of  the  governor
    17  to suspend the provisions of this subdivision while a federal, state, or
    18  county declaration of emergency is in effect; or
    19    c.  where  a  health  care  employer determines there is an emergency,
    20  necessary to provide safe patient care, in which case  the  health  care
    21  provider  shall,  before requiring an on-duty employee to remain, make a
    22  good faith effort to have overtime covered on a voluntary basis, includ-
    23  ing, but not limited to, calling per  diems,  agency  nurses,  assigning
    24  floats, or requesting an additional day of work from off-duty employees,
    25  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.
                                                                   LBD14110-06-2

        A. 8874--B                          2
 
     1  paragraph, "emergency", including an unanticipated  staffing  emergency,
     2  is  defined  as  an unforeseen event that could not be prudently planned
     3  for by an employer [and], does not regularly occur, and does not include
     4  routine  nurse  staffing  needs  that  arose  due  to  typical  staffing
     5  patterns, typical levels of absenteeism, and time off typically approved
     6  by the employer for vacations, holidays, sick leave, and personal leave;
     7  or
     8    d. an ongoing medical or surgical procedure  in  which  the  nurse  is
     9  actively  engaged and whose continued presence through the completion of
    10  the procedure is needed to ensure the health and safety of the patient.
    11    4. The department shall assess an employer a civil penalty of not more
    12  than one thousand dollars for a first violation, no more than two  thou-
    13  sand five hundred dollars for a second violation within three years, and
    14  no  more  than five thousand dollars for a third or subsequent violation
    15  within three years where an employer requires a nurse to work more  than
    16  such nurse's regularly scheduled work hours; provided, further, that the
    17  employee  shall  receive  an  additional fifteen percent of the overtime
    18  payment from the employer for each violation.
    19    5. The provisions of this section are intended as a  remedial  measure
    20  to  protect the public health and the quality of patient care, and shall
    21  not be construed to diminish or waive any rights of any  nurse  pursuant
    22  to any other law, regulation, or collective bargaining agreement.
    23    § 2. This act shall take effect immediately.
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