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  • January 11, 2023 11:12 AM | Deleted user

    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 Originally enacted in 2009, Section 167 restricts “healthcare employers” from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions, where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.

    Read the full article here 

  • January 11, 2023 11:10 AM | Deleted user

    Governor Kathy Hochul today announced a series of bold proposals aimed at building a stronger health care system for New York State’s future and providing high-quality care for all New Yorkers as part of the 2023 State of the State. These proposals will transform the cost and delivery of care, address the most pressing health needs facing New Yorkers – especially those from underserved communities – and prepare for future public health emergencies.

    “ Through wise investments, careful planning, and the devoted efforts of the health care workforce, New York’s health care system is among the best in the nation,” Governor Hochul said. “But as we quickly learned during the pandemic, there are disparities in this system and areas that are strained. These proposals seek to address existing gaps in care, while also planning for future needs, so that all New Yorkers have access to strong and equitable health care.”

    Building on the historic $20 billion multi-year investment beginning in the FY 2023 Budget, Governor Hochul is proposing measures to build a comprehensive and evidence-based strategy for the health care system. These initiatives are also aimed at strengthening the foundation of the system to address the critical needs of New Yorkers and preparing for future emergencies by establishing a nation-leading public health disease monitoring and surveillance system.

  • January 10, 2023 3:58 PM | Deleted user

    ALBANY — Pitting physicians against trial lawyers, a major lobbying battle is intensifying behind the scenes concerning a proposed revision to a wrongful death statute that has been on the books for 175 years.

    The doctors want Gov. Kathy Hochul to veto the legislation — the Grieving Families Act — now sitting on her desk. The lawyers are urging her to sign the measure after it was overwhelmingly approved this year by both chambers of the Legislature.

    Hochul could also insist on amendments to the bill. But exactly what she will do remains a matter of speculation.

    The umbrella group for county governments — the New York State Association of Counties — is asking Hochul to veto the measure.

    The counties have advised the governor’s office they are concerned that the legislation could lead to county taxpayers being used as a “piggy bank” to make whole individuals who are primarily to blame in wrongful death cases.

  • January 09, 2023 12:05 PM | Deleted user

    Over seven thousand nurses at two of New York City’s largest private hospitals, Montefiore Medical Center in the Bronx and Mount Sinai Hospital on Manhattan’s East Side, began a strike Monday morning after the expiration of their contracts on December 31.

    The walkout, the latest in a wave of strikes to hit the healthcare industry, comes nearly three years after the onset of the pandemic exposed and exacerbated the crisis at hospitals in New York and beyond. The strike is a reflection of the determination by nurses to take a stand for hospital conditions that prioritize worker and patient well-being over industry profits.

  • January 05, 2023 2:02 PM | Deleted user

    In 2022, New York state and New York City continued to enact critical labor and employment laws that directly affect businesses of all shapes and sizes. Employers should familiarize themselves with these new laws and update their policies to stay compliant.

    Read more here

  • December 14, 2022 11:29 AM | Deleted user

    The New York Department of Health has circulated a revised advisory on return-to-work protocols for healthcare personnel after infection or exposure to COVID-19. The new protocols, dated Nov. 30, will supersede the department's earlier protocols, dated Feb. 4, and align New York with the current recommendations issued by the Centers for Disease Control and Prevention (CDC).

    The department's advisory, which has been circulated to providers, but not yet posted to the department's COVID-19 Guidance Repository, includes protocols for returning to work, largely dependent on whether the healthcare facility is operating under conventional, contingency or crisis strategies to mitigate staffing shortages.

    Read the full article here
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  • December 13, 2022 11:11 AM | Deleted user

    New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective May 31, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express milk in the workplace for up to three years following the birth of a child, and to “make reasonable efforts” to provide a room or other location, other than a restroom, to express milk in private.

    Under the amended law, employers are required to provide break time to nursing employees “each time such employee has reasonable need to express breast milk” for up to three years following the birth of a child. In addition, upon request, employers are required to designate a room or other location (other than a restroom or toilet stall) which can be used by nursing employees to express breast milk. Such room or other location must be a place that is: (i) in close proximity to the employee’s work area; (ii) well lit; (iii) shielded from view; and (iv) free from intrusion from other persons in the workplace or the public. The room or other location must also provide, at a minimum, a chair, working surface, nearby access to clean running water and, if the workplace is supplied with electricity, an electrical outlet. If the workplace has access to a refrigerator, employees must be permitted to access the refrigerator for the purposes of storing expressed milk.

    Employers will be required to provide notice to all employees as soon as practicable once a room or other location has been designated for use by employees to express breast milk. If the sole purpose or function of the room or other location is not dedicated for use by employees to express breast milk, it must be made available to such a nursing employee when needed and cannot be used for any other purpose or function while in use by a nursing employee.

    If compliance with these requirements would impose an undue hardship on an employer “by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business,” the employer is required to make “reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where an employee can express breast milk in privacy.”

    The law requires employers to maintain a written policy regarding the rights of nursing employees, including specifying the means by which a request may be submitted to an employer for a lactation room, and requiring the employer to respond to such request within a reasonable timeframe, not to exceed five business days. Employers are required to provide the policy to all employees upon hire, annually thereafter, and to employees upon return to work following the birth of a child.

    See the full article here

  • December 08, 2022 11:19 AM | Deleted user

    A New York City lawmaker is trying to ban most companies from firing workers without good reason, which could transform the balance of power between bosses and their employees.

    Most US employees work “at-will,” allowing companies to legally terminate them for almost any reason, or for no reason at all. In contrast, under a bill being unveiled Wednesday, New York City employees’ jobs would be legally protected unless their boss could demonstrate misconduct, unsatisfactory performance or a genuine economic need to eliminate their position. Workers who believe they are terminated without “just cause” would be able to bring claims before city enforcers, arbitrators or state court judges.

  • December 07, 2022 11:30 AM | Deleted user

    NEW YORK -- It's the season of giving, but be wary of giving your family members COVID.

    The virus is rebounding in five New York counties.

    CBS2's Christina Fan has the recommendation from the Centers for Disease Control.

    Streets are bustling, masks are off, and capacity limits are gone. It feels as if COVID has been eradicated, but numbers indicate it's very much still here.

    "There are still variants going around. I know someone who has it right now," said Brooklyn resident Darryl Obee.

    The CDC is recommending indoor mask-wearing in five New York counties in its latest COVID data tracker report.

    The Bronx, Brooklyn, Queens, Nassau, Suffolk counties are all in the orange, with positivity rates between 7-10%.

    There's good news, though.

    "We are still seeing that most people who have had their vaccine are still having milder symptoms than those who have not," said Dr. Frederick Davis.

    Read the full article here

  • December 05, 2022 3:04 PM | Deleted user

    What does 4 or more employees mean? For purposes of employer coverage, not all four employees have to work in the same location or even in New York City. Thus, an employer may have one employee working in New York City and still be covered by the law. “Employees” include owners and independent contractors. Employment agencies are also covered, regardless of size, but temporary staffing firms seeking applicants to join their pool of candidates are not.

    What is considered an “advertisement”? An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of candidates,” and includes, without limitation, postings on internal bulletin boards, the Internet, and printed flyers as well as in newspapers. Importantly, there is no requirement for an employer to “advertise” an available job, promotion, or transfer opportunity. Accordingly, employers may hire, promote or transfer without such an advertisement.

    Does the law apply to remote jobs? Yes. While the place of performance must be, at least in part, in New York City, performance could be in-person (e.g., at an office or client site) or remote (e.g., at home).

    How specific does the advertised salary or hourly wage range need to be? Certain ranges will simply not comply with the law, such as “$15 per hour and up” or “maximum of $50,000 per year.” These ranges do not comply because they do not include a minimum and maximum salary or hourly wage. However, employers are permitted to post “ranges” such as “$15 per hour” or “$50,000 per year” if there is no flexibility in compensation. This is permissible because, in effect, the minimum and maximum salary or hourly wage are the same, and thus there is no “range” between the two. Further, the law does not prohibit employers from offering a job, promotion, or transfer opportunity outside of the disclosed range, but the range must still represent what the employer in good faith believed at the time of the posting it would pay for the position.

    What is included as part of “salary”? Salary includes “the base annual or hourly rate of pay regardless of the frequency of payment,” but does not include other forms of compensation or benefits—for instance, paid time off, insurance and retirement benefits, bonuses, commissions, stock, etc.

    What are the penalties or remedies for noncompliance? Although civil penalties are limited where an employer timely cures a violation, the NYCCHR still has authority to require an employer to engage in forms of affirmative relief, such as pay money damages to affected employees, amend an advertisement, and provide employees notice of their rights. Moreover, an uncured first violation may cost an employer up to $250,000.

The New York State Society of Plastic Surgeons, Inc (NYSSPS) was founded in 2008 on the guiding principle that New York’s plastic surgeons need an entity focused directly on representing its member's interests at the state / federal legislative and regulatory levels.


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