Bill Text: NY S04453 | 2013-2014 | General Assembly | Amended

---

Bill Title: Prohibits employer retaliation against employees in the financial services industry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S04453 Detail]

Download: New_York-2013-S04453-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4453--A
           Cal. No. 220
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 3, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor  --  recommitted  to
         the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
         reported favorably from said committee, ordered to  first  and  second
         report,  ordered  to  a  third reading, amended and ordered reprinted,
         retaining its place in the order of third reading
       AN ACT to amend the labor  law,  in  relation  to  prohibiting  employer
         retaliation against employees in the financial services industry
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 740 of the labor law is amended by
    2  adding a new paragraph (h) to read as follows:
    3    (H) "FINANCIAL INSTITUTION" MEANS:
    4    (I) AN INSURED BANK (AS DEFINED IN SECTION 3(H) OF THE FEDERAL DEPOSIT
    5  INSURANCE ACT (12 U.S.C. 1813(H))), OR A BANK  CHARTERED  BY  ANY  STATE
    6  WHICH CONDUCTS BUSINESS IN THE STATE OF NEW YORK;
    7    (II) A COMMERCIAL BANK OR TRUST COMPANY;
    8    (III) A PRIVATE BANKER;
    9    (IV) AN AGENCY OR BRANCH OF A FOREIGN BANK IN THE UNITED STATES;
   10    (V) ANY CREDIT UNION;
   11    (VI) A THRIFT INSTITUTION;
   12    (VII)  A  BROKER OR DEALER REGISTERED WITH THE SECURITIES AND EXCHANGE
   13  COMMISSION UNDER THE SECURITIES EXCHANGE ACT OF 1934 (15 U.S.C.  78A  ET
   14  SEQ.);
   15    (VIII) A BROKER OR DEALER IN SECURITIES OR COMMODITIES;
   16    (IX) AN INVESTMENT BANKER OR INVESTMENT COMPANY;
   17    (X) A CURRENCY EXCHANGE;
   18    (XI)  AN  ISSUER,  REDEEMER,  OR CASHIER OF TRAVELER'S CHECKS, CHECKS,
   19  MONEY ORDERS, OR SIMILAR INSTRUMENTS;
   20    (XII) AN OPERATOR OF A CREDIT CARD SYSTEM;
   21    (XIII) AN INSURANCE COMPANY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05424-05-4
       S. 4453--A                          2
    1    (XIV) A DEALER IN PRECIOUS METALS, STONES, OR JEWELS;
    2    (XV) A PAWNBROKER;
    3    (XVI) A LOAN OR FINANCE COMPANY;
    4    (XVII) A TRAVEL AGENCY;
    5    (XVIII)  A LICENSED SENDER OF MONEY OR ANY OTHER PERSON WHO ENGAGES AS
    6  A BUSINESS IN THE  TRANSMISSION  OF  FUNDS,  INCLUDING  ANY  PERSON  WHO
    7  ENGAGES  AS  A  BUSINESS  IN  AN  INFORMAL  MONEY TRANSFER SYSTEM OR ANY
    8  NETWORK OF PEOPLE WHO ENGAGE IN A BUSINESS IN FACILITATING THE  TRANSFER
    9  OF  MONEY  DOMESTICALLY  OR  INTERNATIONALLY OUTSIDE OF THE CONVENTIONAL
   10  FINANCIAL INSTITUTIONS SYSTEM;
   11    (XIX) A TELEGRAPH COMPANY;
   12    (XX) A  BUSINESS  ENGAGED  IN  VEHICLE  SALES,  INCLUDING  AUTOMOBILE,
   13  AIRPLANE, AND BOAT SALES;
   14    (XXI) PERSONS INVOLVED IN REAL ESTATE CLOSINGS AND SETTLEMENTS;
   15    (XXII) THE UNITED STATES POSTAL SERVICE;
   16    (XXIII)  AN  AGENCY  OF  THE UNITED STATES GOVERNMENT OR OF A STATE OR
   17  LOCAL GOVERNMENT CARRYING OUT A DUTY OR POWER OF A BUSINESS DESCRIBED IN
   18  THIS PARAGRAPH;
   19    (XXIV) AN INDIAN CASINO OR OTHER GAMING OPERATION;
   20    (XXV) ANY BUSINESS OR AGENCY WHICH ENGAGES IN ANY ACTIVITY  WHICH  THE
   21  SUPERINTENDENT  OF  THE  DEPARTMENT OF FINANCIAL SERVICES DETERMINES, BY
   22  REGULATION, TO BE AN ACTIVITY WHICH IS SIMILAR  TO,  RELATED  TO,  OR  A
   23  SUBSTITUTE  FOR  ANY  ACTIVITY  IN  WHICH ANY BUSINESS DESCRIBED IN THIS
   24  PARAGRAPH IS AUTHORIZED TO ENGAGE; OR
   25    (XXVI) ANY OTHER BUSINESS DESIGNATED  BY  THE  SUPERINTENDENT  OF  THE
   26  DEPARTMENT  OF  FINANCIAL  SERVICES  WHOSE CASH TRANSACTIONS HAVE A HIGH
   27  DEGREE OF USEFULNESS IN CRIMINAL, TAX, OR REGULATORY MATTERS.
   28    S 2. Paragraph (a) of subdivision 2 of section 740 of the  labor  law,
   29  as  amended  by  chapter  442 of the laws of 2006, is amended to read as
   30  follows:
   31    (a) discloses, or threatens to disclose to a supervisor or to a public
   32  body an activity,  policy  or  practice  of  the  employer  that  is  in
   33  violation  of  law,  rule  or regulation (I) which violation creates and
   34  presents a substantial and specific danger to the public health or safe-
   35  ty[, or]; (II) which constitutes  health  care  fraud;  OR  (III)  WHICH
   36  CONSTITUTES  A VIOLATION OF THE FEDERAL OR STATE SECURITIES LAWS, FINAN-
   37  CIAL OR ACCOUNTING FRAUD, OR MISAPPROPRIATION OR MISUSE OF THE FUNDS  OF
   38  A  FINANCIAL INSTITUTION, A HEDGE FUND OR PRIVATE EQUITY FIRM, OR OF THE
   39  CLIENTS OR CUSTOMERS OF SUCH ORGANIZATIONS;
   40    S 3. This act shall take effect immediately.