New York Enacts Further Regulations on Extra Working Hours for Nurses

Update Applicable to:
All employers of healthcare providers in the state of New York.

What happened?
On March 3, 2023, Governor Hochul signed Assembly Bill 970 (AB 970) into law, which adds more requirements for healthcare employers regarding reporting hours.

What are the details?
AB 970 requires that healthcare employers self-report to the NYSDOL and the Department of Health when it mandates additional work hours under one of the exceptional circumstances if that mandate exists for at least 15 days a month.

In addition, a healthcare employer that requires additional work hours under one of the exceptions for at least 45 days in any consecutive three-month period must submit an explanation for its need to do so and provide an estimate of when the circumstances require the extra work hours will end.

In what should be viewed as some relief for healthcare employers, the March 2023 amendment makes the monetary penalties established by the December 2022 amendment permissive rather than mandatory. It eliminates the 15 percent premium payment to employees. However, the March 2023 amendment adds a civil penalty of not more than $500 for violating the reporting requirements established by that amendment.

Additionally, the March 2023 amendment establishes a complaint-reporting procedure. NYSDOL must establish an enforcement officer to oversee the investigation of complaints. In consultation with the Department of Health, the enforcement officer may investigate and must notify the employer of the complaint and related investigation.

The NYSDOL also must make a poster available on its website, informing employees of the complaint-filing process. Affected healthcare facilities must display the poster in a conspicuous location accessible to employees.

The reporting and revised penalty provisions go into effect on June 28, 2023. The DOL may issue regulations to implement these new provisions.

For more information, please see the links below:

Assembly Bill 970 (AB 970)

Article

What do employers need to do?
Employers should review the links above and consult with employment counsel to determine how their facilities may be affected by the new law and how to comply while addressing specific organizational needs effectively.