Bill Text: NY S04396 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to retaliatory personnel actions by employers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-11 - REFERRED TO LABOR [S04396 Detail]

Download: New_York-2019-S04396-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4396
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed 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. [It
    16  shall also be a defense that the individual was an independent  contrac-
    17  tor.]
    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]
    23    (e) the payment by the employer of  reasonable  costs,  disbursements,
    24  and attorney's fees; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00918-01-9

        S. 4396                             2
     1    (f)  the payment by the employer of punitive damages, if the violation
     2  was malicious or wanton.
     3    §  4.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law; provided, however, that  effective  immediately,  the
     5  addition,  amendment  and/or  repeal of any rule or regulation necessary
     6  for the implementation of this act on its effective date are  authorized
     7  to  be  made by the commissioner of labor of the state of New York on or
     8  before such effective date.
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