NY A08940

Reinstates mandatory overtime limitations within 3 consecutive days after a health care disaster and within 30 consecutive days or end of declared emergency (whichever is shorter) after a federal, state, or county emergency declaration.

Redefines "emergency" exception to exclude routine staffing needs arising from typical staffing patterns, absenteeism, and standard time off for vacations, holidays, sick leave, and personal leave.

Establishes civil penalties of up to $1,000 for first violation, $2,500 for second violation within 3 years, and $5,000 for third or subsequent violations within 3 years, plus an additional 15% overtime payment to affected employees.

Requires health care employers using mandatory overtime exceptions to notify the department and file detailed reports if overtime is used 15 or more days per month or 45+ days in any consecutive 3-month period.

Mandates employers make good faith efforts to cover overtime voluntarily through per diems, agency nurses, and other staffing options before requiring mandatory overtime, with failure to do so constituting a violation.