A 7702: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7702 2025-2026 Regular Sessions  IN ASSEMBLY April 8, 2025 ___________ Introduced by M. of A. BRONSON, TAPIA, GONZALEZ-ROJAS, LUCAS, GLICK, JACOBSON -- read once and referred 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: 1 Section 1. Subdivisions 3, 4 and 5 of section 167 of the labor law, 2 subdivisions 3 and 4 as amended by chapter 815 of the laws of 2022 and 3 paragraph c of subdivision 3 and subdivision 5 as amended by chapter 27 4 of the laws of 2023, are amended to read as follows: 5 3. The limitations provided for in this section shall not apply in the 6 case of: 7 a. a health care disaster, such as a natural or other type of disaster 8 that increases the need for health care personnel, unexpectedly affect- 9 ing the county in which the nurse is employed or in a contiguous county. 10 The limitations on mandatory overtime shall be reinstated at the end of 11 the health care disaster and shall not exceed three consecutive days; or 12 b. a federal, state or county declaration of emergency in effect in 13 the county in which the nurse is employed or in a contiguous county. The 14 limitations on mandatory overtime shall be reinstated at the end of the 15 declared emergency or after thirty consecutive days, whichever is short- 16 er, provided that, pursuant to section twenty-nine-a of the executive 17 law, nothing in this subdivision shall limit the power of the governor 18 to suspend the provisions of this subdivision while a federal, state, or 19 county declaration of emergency is in effect; or 20 c. where a health care employer determines there is an emergency, 21 necessary to provide safe patient care. For the purposes of this para- 22 graph, "emergency", including an unanticipated staffing emergency, is 23 defined as an unforeseen event that could not be prudently planned for 24 by an employer [and], does not regularly occur, and does not include 25 routine nurse staffing needs that arose due to typical staffing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08818-01-5 
 A. 7702 2 1 patterns, typical levels of absenteeism, and time off typically approved 2 by the employer for vacations, holidays, sick leave, and personal leave; 3 or 4 d. an ongoing medical or surgical procedure in which the nurse is 5 actively engaged and whose continued presence through the completion of 6 the procedure is needed to ensure the health and safety of the patient. 7 4. The department shall assess an employer a civil penalty of not more 8 than one thousand dollars for a first violation, no more than two thou- 9 sand five hundred dollars for a second violation within three years, and 10 no more than five thousand dollars for a third or subsequent violation 11 within three years where an employer requires a nurse to work more than 12 such nurse's regularly scheduled work hours; provided, further, that the 13 employee shall receive an additional fifteen percent of the overtime 14 payment from the employer for each violation. 15 5. The provisions of this section are intended as a remedial measure 16 to protect the public health and the quality of patient care, and shall 17 not be construed to diminish or waive any rights of any nurse pursuant 18 to any other law, regulation, or collective bargaining agreement. 19 [5.] 6. Oversight of the use of mandatory overtime during an emergen- 20 cy. a. The commissioner, in consultation with the commissioner of 21 health, shall have the authority to promulgate any regulations necessary 22 to carry out the provisions of this section. 23 b. Any health care employer that utilizes an exception to the limita- 24 tion on mandatory overtime provisions as provided for in subdivision 25 three of this section shall notify the department when such provisions 26 are in use. If a health care employer has utilized the mandatory over- 27 time provisions as provided for in this section for fifteen days or more 28 in a given month, the employer shall report to the department and the 29 department of health: (i) the number of days mandatory overtime was 30 required; (ii) the number of employees that were required to remain on 31 duty in overtime status; and (iii) the dates and times mandatory over- 32 time was required. If a health care employer has utilized mandatory 33 overtime provisions under this section for forty-five days or more in 34 any consecutive three month period the health care employer shall file 35 with the department and the department of health an explanation for why 36 mandatory overtime was required and provide an estimate of when the 37 employer intends to cease the use of mandatory overtime. 38 c. The department shall establish an enforcement officer to oversee 39 investigations into any complaints of violations of this section. 40 d. The health care employer shall, before utilizing mandatory overtime 41 provisions and requiring an on-duty employee to remain, make a good 42 faith effort to have overtime covered on a voluntary basis, including, 43 but not limited to, calling per diems, agency nurses, assigning floats, 44 or requesting an additional day of work from off-duty employees, to the 45 extent such staffing options exist. Failure to engage in a good faith 46 effort pursuant to this section shall be a violation. Any employee who 47 has been required to work in violation of this section may file a 48 complaint with the enforcement officer alleging such violation. Any 49 complaint made pursuant to this paragraph must be made in good faith. 50 § 2. This act shall take effect immediately.