Under two amendments to its law regulating consecutive hours of work for nurses (Labor Law Section 167), New York has established monetary penalties for violations of the law and placed reporting requirements and other restrictions on healthcare employers that require nurses to work beyond their regularly scheduled hours.

Section 167

Section 167 has been in effect for more than a decade. It restricts healthcare employers from requiring nurses to work beyond their scheduled work hours, except where there is:

• A healthcare disaster that increases the need for healthcare personnel;
• A federal, state, or county declaration of emergency;
• An unforeseen emergency and necessity to provide safe patient care that could not be prudently planned for by the employer and does not regularly occur; or
• 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.

Under the law, “healthcare employers” include hospitals, nursing homes, diagnostic treatment centers, and certain state-operated facilities, while “nurses” include both registered nurses (RNs) and licensed practical nurses (LPNs).

While prohibiting employers from mandating extra work hours, Section 167 expressly provides that nurses may voluntarily work beyond their regular schedules.

December 2022 Amendment

A December 2022 amendment (Assembly Bill 286) to Section 167 established monetary penalties for violations of the...

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