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NY A00970

Bill

Status

Passed

3/3/2023

Primary Sponsor

Aileen Gunther

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Removes the requirement that health care employers make a good faith effort to find voluntary overtime coverage before mandating overtime in emergencies, making this a best practice rather than a mandatory prerequisite.

  • Establishes a Department of Labor enforcement officer to investigate complaints and oversee violations of mandatory overtime restrictions for nurses.

  • Requires health care employers using mandatory overtime to notify the department, and to file detailed reports if mandatory overtime is used 15 or more days in a month or 45 or more days in any consecutive three-month period.

  • Changes civil penalties from mandatory to discretionary ($1,000 first violation, $2,000 second violation within 12 months, $3,000 third or subsequent violation within 12 months; up to $500 for reporting violations), and removes the requirement for 15% additional overtime pay as damages to employees.

  • Delays the effective date of the 2022 nurse overtime law from 60 days to 180 days after enactment, with the good faith effort requirement taking effect 90 days after that.

Legislative Description

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

Last Action

signed chap.27

3/3/2023

Committee Referrals

Rules1/24/2023
Rules1/24/2023
Ways and Means1/24/2023
Codes1/24/2023
Labor1/11/2023

Full Bill Text

No bill text available