Senate Bill S8842

2023-2024 Legislative Session

Relates to retaliatory actions by employers against employees for certain disclosures

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S8842 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L; amd §3, Chap 522 of 2021

2023-S8842 (ACTIVE) - Summary

Prohibits retaliatory actions by employers against employees for disclosure of activity which violates a company internal control implemented to prevent fraud or which the employee believes to be fraudulent; makes amendment to whistleblower statute in 2021 retroactive to 2018.

2023-S8842 (ACTIVE) - Sponsor Memo

2023-S8842 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8842
 
                             I N  S E N A T E
 
                              March 19, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 the prohibition on retali-
   atory action by employers against whistleblowers; and to amend chapter
   522 of the laws of 2021 amending the labor law relating to retaliatory
   actions by  employers,  in  relation  to  the  effectiveness  of  such
   provisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 740 of the labor law,  as  amended
 by chapter 522 of the laws of 2021, is amended to read as follows:
   2.  Prohibitions.  An  employer  shall not take any retaliatory action
 against an employee, whether or not within the scope of  the  employee's
 job duties, because such employee does any of the following:
   (a) discloses, or threatens to disclose to a supervisor or to a public
 body  an  activity, policy or practice of the employer that the employee
 reasonably believes is in violation of law, rule or regulation  or  that
 the employee reasonably believes poses a substantial and specific danger
 to the public health or safety;
   (b)  provides  information  to,  or  testifies before, any public body
 conducting an investigation, hearing or inquiry into any such  activity,
 policy or practice by such employer; or
   (c) objects to, or refuses to participate in any such activity, policy
 or practice; OR
   (D) DISCLOSES, OR THREATENS TO DISCLOSE TO A SUPERVISOR OR TO A PUBLIC
 BODY  ANY  ACTION  OR  ACTIVITY THAT IS A VIOLATION OF, OR AN ATTEMPT TO
 CIRCUMVENT, ANY OF A COMPANY'S INTERNAL CONTROLS IMPLEMENTED TO  PREVENT
 FRAUD, OR WHICH THE EMPLOYEE REASONABLY BELIEVES TO BE FRAUDULENT.
   §  2.  Section 3 of chapter 522 of the laws of 2021 amending the labor
 law relating to retaliatory actions by employers, is amended to read  as
 follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that SECTION ONE OF THIS ACT SHALL
 BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON AND AFTER JANUARY  1,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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