[co-author: Rebecca LaPoint]*

On Dec. 30, 2022, Gov. Hochul signed a bill (A.286/S.1997) that amends New York Labor Law § 167. Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions, where the overtime is during or due to:

1. A health care disaster that increases the need for healthcare personnel;
2. A federal, state or county declaration of emergency;
3. An unforeseen emergency, and necessary to provide safe patient care that could not be prudently planned for by the employer and does not regularly occur; or
4. An ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence is needed to ensure the health and safety of the patient.

The law defines “healthcare employers” to include employers operating pursuant to Article 28 of the Public Health Law, including hospitals, nursing homes, diagnostic treatment centers, and state-operated facilities licensed under various state laws. “Nurses” are defined as registered nurses (RNs) and licensed practical nurses (LPNs).

The amendment establishes monetary penalties for violations found by the Department of Labor following investigation: (i) $1,000 for a first violation, (ii) $2,000 for a second violation, and (iii) $3,000 for third and subsequent violations. Additionally, for each violation, the healthcare employer would be required to pay the affected nurse an additional 15% of the...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiSGh0dHBzOi8vd3d3Lmpkc3VwcmEuY...