N.Y. Labor Law Section 168
Hours of labor of certain state employees


This section shall apply to all persons employed by the state in the ward, cottage, colony, kitchen and dining room, and guard service personnel in any hospital, school, prison, reformatory or other institution within or subject to the jurisdiction, supervision, control or visitation of the department of corrections and community supervision, the department of health, the department of mental hygiene, the department of social welfare or the department of veterans’ services, and engaged in the performance of such duties as nursing, guarding or attending the incarcerated individuals, patients, wards or other persons kept or housed in such institutions, or in protecting and guarding the buildings and/or grounds thereof, or in preparing or serving food therein.


No person to whom this section is applicable shall be required to work more than eight hours in any day or more than forty hours or more than six days in any calendar week except in cases of fire, riot, flood, famine, pestilence or other cases of emergency endangering life or property; provided, however, that any such person, upon his own request and with the approval of the head of the institution in which he is employed, may be permitted to work one additional eight-hour day in any calendar week for not more than seven calendar weeks and be allowed continuous days free from duty equivalent to the number of additional days so worked. The provisions of this section shall not be interpreted to increase the number of working hours per day or the number of working days per week of any person for whom a shorter work-day or work-week is now provided.

Source: Section 168 — Hours of labor of certain state employees, https://www.­nysenate.­gov/legislation/laws/LAB/168 (updated Apr. 7, 2023; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Apr. 7, 2023

§ 168’s source at nysenate​.gov

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