Bill Text: NY A05631 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to retaliatory personnel actions by employers.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A05631 Detail]
Download: New_York-2019-A05631-Introduced.html
Bill Title: Relates to retaliatory personnel actions by employers.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A05631 Detail]
Download: New_York-2019-A05631-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5631 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. WEINSTEIN, SIMOTAS, DINOWITZ, GLICK, CAHILL, COLTON, TAYLOR -- Multi-Sponsored by -- M. of A. BARRON, CYMBROWITZ, D'URSO, ENGLEBRIGHT, GALEF, GOTTFRIED, JAFFEE, LUPARDO, MAGNARELLI, NIOU, SIMON -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to retaliatory personnel actions by employers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 2 of section 740 of the labor 2 law, as amended by chapter 442 of the laws of 2006, is amended to read 3 as follows: 4 (a) discloses, or threatens to disclose to a supervisor or to a public 5 body an activity, policy or practice of the employer [that] which the 6 employee reasonably believes is in violation of law, rule or regulation 7 [which violation creates and presents] or which the employee reasonably 8 believes poses a substantial and specific danger to the public health or 9 safety, or which constitutes health care fraud; 10 § 2. Paragraph (c) of subdivision 4 of section 740 of the labor law, 11 as added by chapter 660 of the laws of 1984, is amended to read as 12 follows: 13 (c) It shall be a defense to any action brought pursuant to this 14 section that the personnel action was predicated upon grounds other than 15 the employee's exercise of any rights protected by this section. [It16shall also be a defense that the individual was an independent contrac-17tor.] 18 § 3. Paragraphs (d) and (e) of subdivision 5 of section 740 of the 19 labor law, as added by chapter 660 of the laws of 1984, are amended to 20 read as follows: 21 (d) the compensation for lost wages, benefits and other remuneration; 22 [and] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00918-01-9A. 5631 2 1 (e) the payment by the employer of reasonable costs, disbursements, 2 and attorney's fees; and 3 (f) the payment by the employer of punitive damages, if the violation 4 was malicious or wanton. 5 § 4. This act shall take effect on the thirtieth day after it shall 6 have become a law; provided, however, that effective immediately, the 7 addition, amendment and/or repeal of any rule or regulation necessary 8 for the implementation of this act on its effective date are authorized 9 to be made by the commissioner of labor of the state of New York on or 10 before such effective date.