Senate Bill S5194

2009-2010 Legislative Session

Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities

download bill text pdf

Archive: Last 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to labor
Apr 27, 2009	referred to labor

2009-S5194 (ACTIVE) - Details

See Assembly Version of this Bill:: A2126
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §740, Lab L; amd §75-b, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:: S5620, A2024, A6971

2009-S5194 (ACTIVE) - Summary

Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities; applicable to employees who in good faith reasonably believes that an illegal business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief.

2009-S5194 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5194

 TITLE OF BILL :  An act to amend the labor law and the civil service
law, in relation to protection of employees against retaliatory action
by employers

 PURPOSE :  This bill provides greater protections for "whistleblower"
employees who disclose information about illegal activities of their
employers.

 SUMMARY OF PROVISIONS :  Section 1 of the bill amends Labor Law § 740
by:

* adding definitions of "agent" and "illegal business activity";

* specifying that an employee will be protected against retaliatory
action for disclosure of employer activity that the employee
reasonably believes has occurred and reasonably believes constitutes
illegal business activity;

* adding a "good faith" requirement relating to the effort of the
employee to bring the illegal activity to the attention of the
employer in order to be protected;

* eliminating the requirement for employer notification where the
public health or safety is in imminent danger, in cases where the

employee reasonably believes that such notification will result in a
destruction of evidence relating to the illegal activity, or where the
employer has failed to inform its employees of the rights provided by
this section;

* providing additional remedies for whistleblowers who suffer
impermissible retaliatory personnel actions; and

* requiring employers to inform their employees of their rights under
this section.

Section 2 of the bill amends Civil Service Law § 75-b(2) by: (a)
adding protections, to conform to Labor Law § 740, for whistleblowers
who provide information to investigatory bodies or refuse to
participate in the alleged improper activity; and (b) eliminating the
requirement for employer notification in the same circumstances as
provided in Labor Law § 740.

Section 3 of the bill amends Civil Service Law § 75-b(3)(c) by
providing a right of action under Labor Law § 740 to all public
employees.

Section 4 of the bill adds a new subdivision 5 to Civil Service Law §
75-b, requiring employers to inform their employees of their rights
under this section.

The bill takes effect ninety days following enactment.

 EXISTING LAW :  Labor Law § 740 prohibits private employers from
firing or taking any other adverse employment action against an
employee who refuses to participate in an illegal business activity,
or who discloses such illegal activity to a public body, if the
illegal activity presents a "substantial and specific danger to the
public health or safety."  This protection does not apply, however,
unless the employee has brought the illegal behavior to the attention
of a supervisor and has given the employer an opportunity to correct
the behavior.

Civil Service Law § 75-b prohibits public employers from firing or
taking any other adverse employment action against a public employee
who discloses information: (1) regarding a violation of a law, rule or
regulation presenting a substantial and specific danger to the public
health and safety; or (2) regarding any action by a public employer
which the employee reasonably believes constitutes a violation of any
federal, state or local law, rule or regulation.  Prior to disclosing
the information, the employee must make a good faith effort to inform
his or her employer and to give the employer a reasonable time to take
appropriate action, unless there is an imminent and serious danger to
the public health or safety.

 JUSTIFICATION :

Private and public employees in New York State who report illegal or
improper activities by their employers are given certain protections
under New York's whistleblower protection law, which was enacted in
1984. Specifically, Labor Law § 740 prohibits private employers from
dismissing or punishing employees who refuse to participate in certain
illegal business activities, or who disclose such illegal activities
to a public body. Similarly, Civil Service Law § 75-b prohibits public
employers from taking any adverse employment action against an
employee who discloses certain violations of law, rule or regulations.

Unfortunately, there are several significant flaws in the
whistleblower statutes which greatly limit the protections provided to
employees, and thereby deter honest employees from revealing illegal
activities of their employers, out of the legitimate fear that they
can be dismissed for reporting such violations.

First, Labor Law § 740 only protects employees who disclose illegal
activities that present a "substantial and specific danger to the
public health or safety." Thus, if an employee becomes aware that his
or her employer is knowingly defrauding its customers, or stealing
government funds, the employee can be fired for revealing that
information to government authorities, and the whistleblower law will
provide no protection to the employee. For example, in Remba v.
 FEDERATION EMPLOYMENT AND GUIDANCE SERVICE , 149 A.D.2d 131, aff'd 76
N.Y.2d 801 (1990), the court denied whistleblower protection to an
employee who reported fraudulent billing of the City of New York,
because those fraudulent billings did not present a danger to public
health or safety. Numerous other court cases similarly have denied
whistleblower protection to those whose employers were engaged in
fraud and larceny in connection with government contracts.

Second, a private employee who reasonably believes that his or her
employer has engaged in actions which the employee reasonably believes
constitute a violation of law can be terminated for revealing that
information to government authorities, if it turns out that no
violation can be proved. For example, in  BORDELL V. GENERAL ELECTRIC
CO. , 88 N.Y.2d 869 (1996), a nuclear health physicist whose
preliminary testing revealed dangerously high employee exposure to
radiation was fired for reporting that his employer had failed to
reveal these excessive radiation levels to the Department of Energy.
The court held that the plaintiff was not entitled to whistleblower
protection, because he was unable to prove that the employer had
actually failed to report the excessive radiation levels. Civil
Service Law § 75-b was amended in 1986 to protect  PUBLIC  employees
who reasonably believe that a violation has occurred, but private
employees still do not have that protection.

The whistleblower statutes are also significantly flawed because they
generally do not apply unless the employee has brought the illegal
behavior to the attention of a supervisor and has given the employer
an opportunity to correct the illegal behavior. Unfortunately, many
employees do not know of this requirement, and are never told by their
employers that they can be fired if they do not first tell the
employer of the illegal activity. While the employer notification
requirement set forth in Civil Service Law § 75-b does not apply to
public employees who report an imminent and serious danger to public
health or safety, that same protection does not exist in Labor Law §
740, which means that private employees can be fired for reporting
violations even where such an imminent and serious threat exists.

Moreover, although Labor Law § 740 prohibits adverse employment
actions against private employees who refuse to participate in illegal
business activities, Civil Service Law § 75-b does not contain a
similar provision. This means that public employees can be fired for
refusing to violate the law. Finally, the remedies available to
employees under Labor Law § 740 are clearly inadequate.

This bill addresses these numerous defects in the current
whistleblower statutes. It implements certain recommendations made by
the New York State Law Revision Commission following a five year study
of the law, and enacts, for all employees, protections similar to
those extended to healthcare workers during the 2002 legislative
session. Specifically, the bill:

* extends whistleblower protections to private employees who report
illegal activities of an employer, regardless of whether those illegal
acts constitute a danger to public safety;

* provides private employees with the same protections that public
employees have to report information they reasonably believe to
constitute illegal activity;

* allows private employees, like public employees, to report imminent
and serious dangers to the public safety directly to government
authorities, rather than first informing their employer and waiting to
see if corrective action is taken;

* eliminates the requirement for prior employer notification where:
(a) the employer has failed to advise its employees of their rights
under the whistleblower statutes; or (b) the employee reasonably
believes that the employer will destroy evidence of the illegal
activity;

* protects public employees who refuse to participate in illegal
activities in the same manner that private employees are protected;
and

* requires both public and private employers to publicize employees'
rights under the whistleblower law.

New York State should encourage, not discourage, employees who wish to
report violations of law by their employers.  In 2002, Time magazine
named three whistleblower employees - including Sherron Watkins of
Enron and Cynthia Cooper of Worldcom - as its "Persons of the Year."
This prestigious designation recognized the central role of honest
employees in the fight against corporate wrongdoing, and the
importance of protecting whistleblower employees against retaliation.

Although the "Whistleblower Law" enacted in 1984 was a good first
step, experience over the past 20 years has shown that the law is
simply inadequate.  By making the necessary reforms to strengthen the
law, this bill will act as a deterrent to employers who might
otherwise engage in illegal activity, will protect the public from
such wrongdoing, and will ensure that the honest and law-abiding
employees who have the courage to reveal illegal activities are
protected against retaliation by their employers.

 LEGISLATIVE HISTORY :  A.8794 of 2003-04: 3rd Reading
A.7185 of 2005-06: passed Assembly; A3487 of 2007-08: referred to
Labor
 FISCAL IMPLICATIONS :  This bill will have a positive fiscal impact
by reducing fraud and misuse of public funds by government agencies
and contractors.

 EFFECTIVE DATE :  This act shall take effect ninety days after
enactment.

2009-S5194 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5194

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law and the civil service law, in relation  to
  protection of employees against retaliatory action by employers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 740 of the labor law, as added by  chapter  660  of
the  laws of 1984, paragraph (g) of subdivision 1 as added and paragraph
(a) of subdivision 2 as amended by chapter 442 of the laws of  2006  and
paragraph  (d)  of  subdivision  4 as added by chapter 24 of the laws of
2002, is amended to read as follows:
  S 740. Retaliatory personnel  action  by  employers;  prohibition.  1.
Definitions.  For  purposes  of this section, unless the context specif-
ically indicates otherwise:
  (a) "Employee" means an individual who performs services for and under
the control and direction of an employer for wages  or  other  remunera-
tion.
  (b)  "Employer"  means  any  person,  firm,  partnership, institution,
corporation, or association that employs one or more employees.
  (c) "Law, rule or regulation" includes: (I) any duly enacted  FEDERAL,
STATE  OR  LOCAL  statute or ordinance [or]; (II) any rule or regulation
promulgated pursuant to [any federal, state or local]  SUCH  statute  or
ordinance;  OR  (III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR
ORDER.
  (d) "Public body" includes the following:
  (i) the United States Congress, any state legislature, or  any  [popu-
larly-elected] ELECTED local governmental body, or any member or employ-
ee thereof;
  (ii)  any federal, state, or local [judiciary] COURT, or any member or
employee thereof, or any grand or petit jury;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02606-01-9

S. 5194                             2

  (iii) any federal, state,  or  local  regulatory,  administrative,  or
public agency or authority, or instrumentality thereof; [or]
  (iv) any federal, state, or local law enforcement agency, prosecutori-
al office, or police or peace officer;
  (V)  ANY  FEDERAL, STATE OR LOCAL DEPARTMENT OF AN EXECUTIVE BRANCH OF
GOVERNMENT; OR
  (VI) ANY DIVISION, BOARD, BUREAU, OFFICE, COMMITTEE, OR COMMISSION  OF
ANY  OF  THE PUBLIC BODIES DESCRIBED IN SUBPARAGRAPHS (I) THROUGH (V) OF
THIS PARAGRAPH.
  (e) "Retaliatory personnel action" means the discharge, suspension [or
demotion  of],  DEMOTION,  PENALIZATION  OR  DISCRIMINATION  AGAINST  an
employee,  or  other adverse employment action taken against an employee
in the terms and conditions of employment.
  (f) "Supervisor" means any individual within an  employer's  organiza-
tion who has the authority to direct and control the work performance of
[the  affected]  AN  employee; or who has [managerial] authority to take
corrective action regarding the [violation of the  law,  rule  or  regu-
lation] ILLEGAL BUSINESS ACTIVITY of which the employee complains.
  (g)  "Health care fraud" means health care fraud as defined by article
one hundred seventy-seven of the penal law.
  (H) "AGENT" MEANS ANY  INDIVIDUAL,  PARTNERSHIP,  ASSOCIATION,  CORPO-
RATION OR GROUP OF PERSONS ACTING ON BEHALF OF AN EMPLOYER.
  (I)  "ILLEGAL BUSINESS ACTIVITY" MEANS ANY PRACTICE, PROCEDURE, ACTION
OR FAILURE TO ACT BY AN EMPLOYER,  OR  AN  EMPLOYEE  OR  AGENT  OF  SUCH
EMPLOYER, TAKEN IN THE COURSE OF THE EMPLOYER'S BUSINESS, WHETHER OR NOT
WITHIN  THE  SCOPE OF EMPLOYMENT OR AGENCY, WHICH IS IN VIOLATION OF ANY
LAW, RULE OR REGULATION.
  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 INFORMATION ABOUT an ILLEGAL BUSINESS activity[, policy or practice
of  the  employer  that 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 which constitutes health care fraud];
  (b)  provides  information  to,  or  testifies before, any public body
conducting an investigation, hearing or inquiry into any such [violation
of a  law,  rule  or  regulation  by  such  employer]  ILLEGAL  BUSINESS
ACTIVITY; or
  (c)  objects to, or refuses to participate in any [such] ILLEGAL BUSI-
NESS activity[, policy or practice in violation of a law, rule or  regu-
lation].
  3.  Application.  The  protection against retaliatory personnel action
provided by SUBDIVISION TWO OF THIS SECTION SHALL APPLY TO ANY  EMPLOYEE
WHO  IN GOOD FAITH REASONABLY BELIEVES THAT AN ILLEGAL BUSINESS ACTIVITY
HAS OCCURRED OR WILL OCCUR, BASED ON INFORMATION THAT  THE  EMPLOYEE  IN
GOOD  FAITH  REASONABLY BELIEVES TO BE TRUE; PROVIDED, HOWEVER, THAT THE
PROTECTION AGAINST RETALIATORY PERSONNEL ACTION  PROVIDED  BY  paragraph
(a)  of  subdivision  two  of this section pertaining to disclosure to a
public body shall not apply to an employee who makes such disclosure  to
a public body unless the employee has [brought] MADE A GOOD FAITH EFFORT
TO  NOTIFY  HIS  OR HER EMPLOYER BY BRINGING the ILLEGAL BUSINESS activ-
ity[, policy or practice in violation of law, rule or regulation] to the
attention of a supervisor  [of  the  employer]  and  has  afforded  such
employer  a  reasonable opportunity to correct such activity[, policy or
practice].  EMPLOYER NOTIFICATION SHALL NOT BE REQUIRED WHERE:  (A)  THE

S. 5194                             3

EMPLOYER  HAS NOT COMPLIED WITH THE PUBLICATION REQUIREMENTS OF SUBDIVI-
SION EIGHT OF THIS SECTION; (B) THERE IS AN IMMINENT AND SERIOUS  DANGER
TO  THE PUBLIC HEALTH OR SAFETY; OR (C) THE EMPLOYEE REASONABLY BELIEVES
THAT  REPORTING  TO  THE  SUPERVISOR  WOULD  RESULT  IN A DESTRUCTION OF
EVIDENCE OR OTHER CONCEALMENT OF THE ILLEGAL BUSINESS ACTIVITY.
  4. Violation; remedy. (a) An employee who has been the  subject  of  a
retaliatory  personnel action in violation of this section may institute
a civil action in a court of competent jurisdiction for  relief  as  set
forth  in  subdivision  five of this section within [one year] TWO YEARS
after the alleged retaliatory personnel action was taken.
  (b) Any action authorized by this section may be brought in the county
in which the alleged retaliatory personnel action occurred, in the coun-
ty in which the complainant resides, or  in  the  county  in  which  the
employer has its principal place of business.
  (c)  It  shall  be  a  defense  to any action brought pursuant to this
section that the personnel action was predicated upon grounds other than
the employee's exercise of any rights  protected  by  this  section.  It
shall  also be a defense that the individual was an independent contrac-
tor.
  (d) [Notwithstanding the provisions of paragraphs (a) and (c) of  this
subdivision, a health care employee who has been the subject of a retal-
iatory  action  by  a health care employer in violation of section seven
hundred forty-one of this article may institute  a  civil  action  in  a
court  of  competent jurisdiction for relief as set forth in subdivision
five of this section within two  years  after  the  alleged  retaliatory
personnel  action  was  taken.]  In  addition to the relief set forth in
[that] subdivision FIVE OF THIS SECTION, the court, in  its  discretion,
based upon a finding that the employer acted in bad faith in the retali-
atory  action,  may assess the employer a civil penalty of an amount not
to exceed ten thousand dollars, to be paid to the improving  quality  of
patient  care fund, established pursuant to section ninety-seven-aaaa of
the state finance law.
  5. Relief. In any action brought pursuant to subdivision four of  this
section, the court may order relief as follows:
  (a) [an injunction to restrain continued violation of this section;
  (b)]  the  reinstatement  of  the  employee  to the same position held
before the retaliatory personnel action, or to an equivalent position;
  [(c)] (B) the reinstatement of  full  fringe  benefits  and  seniority
rights;
  [(d)] (C) the compensation for lost wages, benefits and other remuner-
ation; [and
  (e)] (D) COMPENSATORY DAMAGES FOR ECONOMIC LOSS;
  (E)  the  payment  by the employer of reasonable costs, disbursements,
and attorney's fees;
  (F) AN INJUNCTION TO RESTRAIN THE EMPLOYER'S  CONTINUED  VIOLATION  OF
THIS SECTION WITH RESPECT TO THE EMPLOYEE; AND
  (G)  A  CIVIL PENALTY OF AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS,
IF THE COURT, IN ITS DISCRETION, FINDS THAT THE EMPLOYER  ACTED  IN  BAD
FAITH IN THE RETALIATORY ACTION.
  6.  Employer  relief.  A court, in its discretion, may also order that
reasonable attorneys' fees and court costs and disbursements be  awarded
to  an  employer  if  the  court determines that an action brought by an
employee under this section was without REASONABLE basis in  law  or  in
fact.
  7.  Existing rights. Nothing in this section shall be deemed to dimin-
ish the rights, privileges, or remedies of any employee under any  other

S. 5194                             4

law  or  regulation  or  under  any  collective  bargaining agreement or
employment contract; except that the institution of an action in accord-
ance with this section shall be deemed a waiver of the rights and  reme-
dies  available  under  any other contract, collective bargaining agree-
ment, law, rule or regulation or under the common law.
  8.  PUBLICATION.  EVERY  EMPLOYER  SHALL  INFORM  EMPLOYEES  OF  THEIR
PROTECTIONS,  RIGHTS  AND  OBLIGATIONS  UNDER THIS SECTION, BY POSTING A
NOTICE THEREOF.  SUCH NOTICES SHALL BE POSTED  CONSPICUOUSLY  IN  EASILY
ACCESSIBLE  AND  WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES
AND APPLICANTS FOR EMPLOYMENT.
  S 2. Subdivision 2 of section 75-b of the civil service law, as  added
by chapter 660 of the laws of 1984 and paragraph (a) as amended by chap-
ter 899 of the laws of 1986, is amended to read as follows:
  2.  (a) A public employer shall not dismiss, SUSPEND, DEMOTE, PENALIZE
OR DISCRIMINATE AGAINST, or take other  disciplinary  or  other  adverse
personnel  action  against  a  public  employee regarding the employee's
employment because the employee:
  (I)  discloses  OR  THREATENS  TO  DISCLOSE  to  a  governmental  body
information[:(i)]  regarding  a  violation  of a law, rule or regulation
which violation creates and presents a substantial and  specific  danger
to  the  public health or safety[; or (ii) which the employee reasonably
believes to be true and reasonably believes]  OR  WHICH  constitutes  an
improper governmental action[. "Improper governmental action" shall mean
any action by a public employer or employee, or an agent of such employ-
er  or  employee, which is undertaken in the performance of such agent's
official duties, whether or not such action is within the scope  of  his
employment,  and  which  is  in violation of any federal, state or local
law, rule or regulation.];
  (II) PROVIDES INFORMATION TO, OR TESTIFIES  BEFORE,  ANY  PUBLIC  BODY
CONDUCTING  AN  INVESTIGATION,  HEARING OR INQUIRY INTO ANY VIOLATION OR
ACTION DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH; OR
  (III) OBJECTS TO, OR REFUSES TO PARTICIPATE IN, ANY SUCH VIOLATION  OR
ACTION.
  (b)  THE  PROTECTION  AGAINST RETALIATORY PERSONNEL ACTION PROVIDED IN
PARAGRAPH (A) OF THIS SUBDIVISION SHALL APPLY TO  ANY  EMPLOYEE  WHO  IN
GOOD FAITH REASONABLY BELIEVES THAT A VIOLATION OR IMPROPER GOVERNMENTAL
ACTION HAS OCCURRED OR WILL OCCUR, BASED ON INFORMATION THAT THE EMPLOY-
EE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE.
  (C)  Prior  to  disclosing  information  pursuant  to  [paragraph (a)]
SUBPARAGRAPH (I) OF PARAGRAPH (A) of this subdivision, an employee shall
have made a good faith effort to provide the appointing authority or his
or her designee the information to be disclosed and  shall  provide  the
appointing  authority  or designee a reasonable time to take appropriate
action unless there is imminent and serious danger to public  health  or
safety.  For  the  purposes  of  this  subdivision, an employee who acts
pursuant to this paragraph shall be deemed to have disclosed information
to a governmental body under paragraph (a) of this subdivision.  NOTIFI-
CATION  TO  THE  APPOINTING  AUTHORITY OR DESIGNEE SHALL NOT BE REQUIRED
WHERE: (I) THE PUBLIC EMPLOYER HAS NOT  COMPLIED  WITH  THE  PUBLICATION
REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION; (II) THERE IS AN IMMI-
NENT  AND  SERIOUS  DANGER  TO THE PUBLIC HEALTH OR SAFETY; OR (III) THE
EMPLOYEE REASONABLY BELIEVES THAT REPORTING TO THE APPOINTING  AUTHORITY
OR  DESIGNEE WOULD RESULT IN A DESTRUCTION OF EVIDENCE OR OTHER CONCEAL-
MENT OF THE ILLEGAL BUSINESS ACTIVITY.
  (D) "IMPROPER GOVERNMENTAL ACTION" SHALL MEAN ANY PRACTICE, PROCEDURE,
ACTION OR FAILURE TO ACT BY A PUBLIC EMPLOYER OR EMPLOYEE, OR  AN  AGENT

S. 5194                             5

OF  SUCH EMPLOYER OR EMPLOYEE, WHICH IS UNDERTAKEN IN THE PERFORMANCE OF
SUCH AGENT'S OFFICIAL DUTIES, WHETHER OR NOT SUCH ACTION IS  WITHIN  THE
SCOPE OF SUCH PERSON'S EMPLOYMENT, AND WHICH IS IN VIOLATION OF ANY LAW,
RULE  OR  REGULATION.  "LAW,  RULE OR REGULATION" INCLUDES: (I) ANY DULY
ENACTED FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE; (II) ANY  RULE  OR
REGULATION  PROMULGATED  PURSUANT  TO  ANY SUCH STATUTE OR ORDINANCE; OR
(III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR ORDER.
  S 3. Paragraph (c) of subdivision 3  of  section  75-b  of  the  civil
service  law, as added by chapter 660 of the laws of 1984, is amended to
read as follows:
  (c) [Where] IN ADDITION TO OR IN LIEU OF THE PROCEDURES SET  FORTH  IN
PARAGRAPHS  (A) AND (B) OF THIS SUBDIVISION, OR WHERE an employee is not
subject to any of the provisions of [paragraph (a) or (b) of this subdi-
vision] SUCH PARAGRAPHS, the employee may commence an action in a  court
of  competent  jurisdiction  under the same terms and conditions AND FOR
THE SAME RELIEF as set forth in article twenty-C of the labor law.
  S 4. Section 75-b of the civil service law is amended by adding a  new
subdivision 5 to read as follows:
  5.  EVERY PUBLIC EMPLOYER SHALL INFORM EMPLOYEES OF THEIR PROTECTIONS,
RIGHTS AND OBLIGATIONS UNDER THIS SECTION, BY POSTING A NOTICE  THEREOF.
SUCH  NOTICES  SHALL  BE  POSTED  CONSPICUOUSLY IN EASILY ACCESSIBLE AND
WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES  AND  APPLICANTS
FOR EMPLOYMENT.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5194

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2009-S5194 (ACTIVE) - Details

2009-S5194 (ACTIVE) - Summary

2009-S5194 (ACTIVE) - Sponsor Memo

2009-S5194 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S5194

Senate Bill S5194

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2009-S5194 (ACTIVE) - Details

2009-S5194 (ACTIVE) - Summary

2009-S5194 (ACTIVE) - Sponsor Memo

2009-S5194 (ACTIVE) - Bill Text download pdf

Comments