S T A T E O F N E W Y O R K
________________________________________________________________________
2120
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. JOHN, NOLAN -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to retaliatory personnel
action by employers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (d) of subdivision 1 of
section 740 of the labor law, as added by chapter 660 of the laws of
1984, is amended to read as follows:
(i) the United States Congress, any state legislature, or any popular-
ly-elected local governmental body, or any [member or employee thereof]
EMPLOYEE, COMMITTEE, MEMBER OR COMMISSION OF THE LEGISLATIVE BRANCH OF
GOVERNMENT OR A LEGISLATIVE BODY OF A COUNTY, CITY, TOWN, VILLAGE OR ANY
OTHER POLITICAL SUBDIVISION OF THE STATE;
S 2. Subdivision 2 of section 740 of the labor law, as added by chap-
ter 660 of the laws of 1984, paragraph (a) as amended by chapter 442 of
the laws of 2006, is amended to read as follows:
2. Prohibitions. An employer shall not take any retaliatory personnel
action against an employee because such employee does any of the follow-
ing:
(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 which
violation creates and presents a substantial and specific danger to the
public health [or], safety OR RESOURCES, OR WHICH CONSTITUTES A SYSTEMIC
BREACH OF DUTY TO A SIGNIFICANT SEGMENT OF EMPLOYEES, CLIENTS, CUSTOM-
ERS, SHAREHOLDERS, OR CREDITORS WHO ARE HARMED OR IN IMMINENT DANGER OF
HARM BY SUCH BREACH, OR WHICH CONSTITUTES A WORKPLACE HAZARD, or which
constitutes health care fraud;
(b) provides information to, or testifies before, any public body
conducting an investigation, hearing or inquiry into any such POLICY OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04146-01-9
A. 2120 2
PRACTICE WHICH THE EMPLOYEE REASONABLY BELIEVES TO BE IN violation of a
law, rule or regulation by such employer OR TO CONSTITUTE A WORKPLACE
HAZARD; or
(c) objects to, or refuses to participate in any such activity, policy
or practice WHICH THE EMPLOYEE REASONABLY BELIEVES TO BE in violation of
a law, rule or regulation OR TO CONSTITUTE A WORKPLACE HAZARD.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.