Senate Bill S5674A

2011-2012 Legislative Session

Relates to retaliatory personnel actions by employers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to labor
Nov 21, 2011	print number 5674a
Nov 21, 2011	amend and recommit to labor
Jun 09, 2011	referred to labor

Bill Amendments

co-Sponsors

2011-S5674 - Details

See Assembly Version of this Bill:: A8348
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §§742, 743 & 744, amd §740, Lab L
Versions Introduced in 2013-2014 Legislative Session:: S1490, A5850

2011-S5674 - Summary

Relates to retaliatory personnel actions by employers.

2011-S5674 - Sponsor Memo

                                BILL NUMBER:S5674           REVISED 06/10/11

TITLE OF BILL:
An act
to amend the labor law, in relation to retaliatory personnel actions by
employers

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds three new sections to the labor law.

§ 742 makes it unlawful for employers to take retaliatory action
against employees who discuss their salary or inquire about the wages
of another employee.

§ 743 provides for remedies and enforcement of violations of the
article.

§ 744 authorizes the department of labor to prescribe regulations
necessary to carry out the provisions of this legislation.

Section two of the bill replaces the previous remedies and enforcement
section.

Section three clarifies that no portion of this legislation shall
supersede federal law.

Section four is a severability clause.

Section five sets the effective date at ninety days after it becomes
law.

JUSTIFICATION:
Present law does not adequately address the issue of pay equity, and
the need for state enforcement of a prohibition on such inequities.
This bill ensures that employees who discuss their wages or inquire
about the wages of other employees shall not be subjected to
retaliatory action.

This is an important step forward for the rights of women, people of
color, immigrants and others in the workplace who should not feel
afraid to simply raise the question of whether an inequality in pay
exists. The right to inquire about the possibility of pay inequity is
a small step forward in ensuring that all members of the workforce
are paid equally for equal work, regardless of gender, ethnicity,
immigrant status or any other personal characteristic.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
On the ninetieth day after it shall have become law.

2011-S5674 - Bill Text download pdf

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

                                  5674

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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:

  Section 1. The labor law is amended by adding three new sections  742,
743 and 744 to read as follows:
  S 742. OTHER PROHIBITED ACTS. IT SHALL BE AN UNLAWFUL EMPLOYMENT PRAC-
TICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOYER TO DISCHARGE OR IN ANY
OTHER  MANNER  DISCRIMINATE  AGAINST,  COERCE,  INTIMIDATE, THREATEN, OR
INTERFERE WITH ANY EMPLOYEE OR ANY OTHER  PERSON  BECAUSE  THE  EMPLOYEE
INQUIRED  ABOUT, DISCLOSED, COMPARED, OR OTHERWISE DISCUSSED THE EMPLOY-
EE'S WAGES OR THE WAGES OF ANY OTHER EMPLOYEE, OR BECAUSE  THE  EMPLOYEE
EXERCISED, ENJOYED, AIDED, OR ENCOURAGED ANY OTHER PERSON TO EXERCISE OR
ENJOY ANY RIGHT GRANTED OR PROTECTED BY THIS ARTICLE.
  S  743.  REMEDIES  AND  ENFORCEMENT.  (A) (1) IN ANY ACTION IN WHICH A
COURT OR JURY FINDS THAT AN EMPLOYER HAS ENGAGED IN ACTS IN VIOLATION OF
THIS ARTICLE, THE COURT OR JURY SHALL AWARD TO ANY AFFECTED EMPLOYEE  OR
EMPLOYEES  MONETARY RELIEF, INCLUDING BACK PAY IN AN AMOUNT EQUAL TO THE
DIFFERENCE BETWEEN THE EMPLOYEE'S ACTUAL EARNINGS AND WHAT THE  EMPLOYEE
WOULD  HAVE  EARNED  BUT  FOR  THE EMPLOYER'S UNLAWFUL PRACTICES, AND AN
ADDITIONAL AMOUNT IN COMPENSATORY AND PUNITIVE DAMAGES, AS APPROPRIATE.
  (2) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER  HAS
ENGAGED IN ACTS IN VIOLATION OF THIS ARTICLE, THE COURT SHALL ENJOIN THE
EMPLOYER  FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
AND MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS  AS
ARE  NECESSARY,  INCLUDING REINSTATEMENT OR RECLASSIFICATION OF AFFECTED
WORKERS, TO ENSURE AN END TO UNLAWFUL DISCRIMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13053-01-1

S. 5674                             2

  (3) IN ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR  EMPLOYEES  PREVAIL
IN  THEIR  CLAIMS AGAINST EMPLOYERS, THE COURT SHALL, IN ADDITION TO ANY
JUDGMENT AWARDED TO THE PLAINTIFFS, ALLOW A REASONABLE  ATTORNEY'S  FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
  (B)  (1)  AN  ACTION  TO  RECOVER  THE  DAMAGES  OR  EQUITABLE  RELIEF
PRESCRIBED IN SUBDIVISION (A) OF THIS SECTION MAY BE MAINTAINED  AGAINST
ANY  EMPLOYER  IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE
EMPLOYEES OR THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
  (A) THE EMPLOYEES; OR
  (B) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
  (2) (A) THE DEPARTMENT SHALL  RECEIVE,  INVESTIGATE,  AND  ATTEMPT  TO
RESOLVE COMPLAINTS OF VIOLATIONS OF THIS ARTICLE.
  (B)  IN THE EVENT THE DEPARTMENT IS UNABLE TO REACH A VOLUNTARY RESOL-
UTION OF A COMPLAINT FILED UNDER THIS ARTICLE, THE DEPARTMENT MAY  BRING
AN  ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE EQUITA-
BLE AND MONETARY RELIEF DESCRIBED IN SUBDIVISION (A) OF THIS SECTION.
  (C) ANY SUMS RECOVERED BY THE DEPARTMENT PURSUANT  TO  THIS  PARAGRAPH
SHALL  BE  PAID  DIRECTLY  TO  EACH  EMPLOYEE AFFECTED BY THE EMPLOYER'S
UNLAWFUL ACTS.
  S 744. REGULATIONS. THE DEPARTMENT SHALL PRESCRIBE SUCH REGULATIONS AS
ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE NOT LATER THAN
ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  S 2. Paragraph (d) of subdivision 4 and subdivision 5 of  section  740
of  the labor law, paragraph (d) of subdivision 4 as added by chapter 24
of the laws of 2002 and subdivision 5 as added by  chapter  660  of  the
laws of 1984, are amended to read as follows:
  (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 SEVEN HUNDRED FORTY-THREE OF THIS ARTICLE within
two years after the alleged retaliatory personnel action was  taken.  In
addition  to the relief set forth in that subdivision, the court, in its
discretion, based upon a finding that the employer acted in bad faith in
the retaliatory 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) the reinstatement of full fringe benefits and seniority rights;
  (d)  the compensation for lost wages, benefits and other remuneration;
and
  (e) the payment by the employer of  reasonable  costs,  disbursements,
and attorney's fees.]
  S  3.  Nothing  in  this  act shall be interpreted or applied so as to
create any power or duty in conflict with federal law.
  S 4. If any provision of this act or application thereof to any person
or circumstance is judged invalid, the invalidity shall not affect other
provisions or applications of the act, which can be given effect without

S. 5674                             3

the invalid provision, or application, and to this end the provisions of
this act are declared severable.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the commissioner of labor shall promul-
gate rules and regulations necessary to  effectuate  the  provisions  of
this act prior to such effective date.

co-Sponsors

2011-S5674A (ACTIVE) - Details

See Assembly Version of this Bill:: A8348
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §§742, 743 & 744, amd §740, Lab L
Versions Introduced in 2013-2014 Legislative Session:: S1490, A5850

2011-S5674A (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

2011-S5674A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5674A

TITLE OF BILL:
An act
to amend the labor law, in relation to retaliatory personnel actions by
employers

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill specifies that the legislation is to be known
as the "Wage and Transparency Act" and adds three new sections to the
labor law.

§ 742 makes it unlawful for employers to take retaliatory action
against employees who discuss their salary or inquire about the wages
of another employee.

§ 743 provides for remedies and enforcement of violations of the
article.

§ 744 authorizes the department of labor to prescribe regulations
necessary to carry out the provisions of this legislation.

Section two of the bill replaces the previous remedies and enforcement
section.

Section three clarifies that no portion of this legislation shall

supersede federal law.

Section four is a severability clause.

Section five sets the effective date at ninety days after it becomes
law.

JUSTIFICATION:
Present law does not adequately address the issue of pay equity, and
the need for state enforcement of a prohibition on such inequities.
This bill ensures that employees who discuss their wages or inquire
about the wages of other employees shall not be subjected to
retaliatory action.

This is an important step forward for the rights of women, people of
color, immigrants and others in the workplace who should not feel
afraid to simply raise the question of whether an inequality in pay
exists. The right to inquire about the possibility of pay inequity is
a small step forward in ensuring that all members of the workforce
are paid equally for equal work, regardless of gender, ethnicity,
immigrant status or any other personal characteristic.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
On the ninetieth day after it shall have become law.

2011-S5674A (ACTIVE) - Bill Text download pdf

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

                                 5674--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sens.  KRUEGER,  ADDABBO,  MONTGOMERY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Labor  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section 1. This act shall be known and may be cited as the  "wage  and
transparency act."
  S  2.  The  labor law is amended by adding three new sections 742, 743
and 744 to read as follows:
  S 742. OTHER PROHIBITED ACTS. IT SHALL BE AN UNLAWFUL EMPLOYMENT PRAC-
TICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOYER TO DISCHARGE OR IN ANY
OTHER MANNER DISCRIMINATE  AGAINST,  COERCE,  INTIMIDATE,  THREATEN,  OR
INTERFERE  WITH  ANY  EMPLOYEE  OR ANY OTHER PERSON BECAUSE THE EMPLOYEE
INQUIRED ABOUT, DISCLOSED, COMPARED, OR OTHERWISE DISCUSSED THE  EMPLOY-
EE'S  WAGES  OR THE WAGES OF ANY OTHER EMPLOYEE, OR BECAUSE THE EMPLOYEE
EXERCISED, ENJOYED, AIDED, OR ENCOURAGED ANY OTHER PERSON TO EXERCISE OR
ENJOY ANY RIGHT GRANTED OR PROTECTED BY THIS ARTICLE.
  S 743. REMEDIES AND ENFORCEMENT. (A) (1) IN  ANY  ACTION  IN  WHICH  A
COURT OR JURY FINDS THAT AN EMPLOYER HAS ENGAGED IN ACTS IN VIOLATION OF
THIS  ARTICLE, THE COURT OR JURY SHALL AWARD TO ANY AFFECTED EMPLOYEE OR
EMPLOYEES MONETARY RELIEF, INCLUDING BACK PAY IN AN AMOUNT EQUAL TO  THE
DIFFERENCE  BETWEEN THE EMPLOYEE'S ACTUAL EARNINGS AND WHAT THE EMPLOYEE
WOULD HAVE EARNED BUT FOR THE  EMPLOYER'S  UNLAWFUL  PRACTICES,  AND  AN
ADDITIONAL AMOUNT IN COMPENSATORY AND PUNITIVE DAMAGES, AS APPROPRIATE.
  (2)  IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
ENGAGED IN ACTS IN VIOLATION OF THIS ARTICLE, THE COURT SHALL ENJOIN THE
EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES  AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13053-03-1

S. 5674--A                          2

AND  MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
ARE NECESSARY, INCLUDING REINSTATEMENT OR RECLASSIFICATION  OF  AFFECTED
WORKERS, TO ENSURE AN END TO UNLAWFUL DISCRIMINATION.
  (3)  IN  ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR EMPLOYEES PREVAIL
IN THEIR CLAIMS AGAINST EMPLOYERS, THE COURT SHALL, IN ADDITION  TO  ANY
JUDGMENT  AWARDED  TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
  (B)  (1)  AN  ACTION  TO  RECOVER  THE  DAMAGES  OR  EQUITABLE  RELIEF
PRESCRIBED  IN SUBDIVISION (A) OF THIS SECTION MAY BE MAINTAINED AGAINST
ANY EMPLOYER IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE  OR  MORE
EMPLOYEES OR THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
  (A) THE EMPLOYEES; OR
  (B) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
  (2)  (A)  THE  DEPARTMENT  SHALL  RECEIVE, INVESTIGATE, AND ATTEMPT TO
RESOLVE COMPLAINTS OF VIOLATIONS OF THIS ARTICLE.
  (B) IN THE EVENT THE DEPARTMENT IS UNABLE TO REACH A VOLUNTARY  RESOL-
UTION  OF A COMPLAINT FILED UNDER THIS ARTICLE, THE DEPARTMENT MAY BRING
AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE  EQUITA-
BLE AND MONETARY RELIEF DESCRIBED IN SUBDIVISION (A) OF THIS SECTION.
  (C)  ANY  SUMS  RECOVERED BY THE DEPARTMENT PURSUANT TO THIS PARAGRAPH
SHALL BE PAID DIRECTLY TO  EACH  EMPLOYEE  AFFECTED  BY  THE  EMPLOYER'S
UNLAWFUL ACTS.
  S 744. REGULATIONS. THE DEPARTMENT SHALL PRESCRIBE SUCH REGULATIONS AS
ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE NOT LATER THAN
ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  S  3.  Paragraph (d) of subdivision 4 and subdivision 5 of section 740
of the labor law, paragraph (d) of subdivision 4 as added by chapter  24
of  the  laws  of  2002 and subdivision 5 as added by chapter 660 of the
laws of 1984, are amended to read as follows:
  (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 SEVEN HUNDRED FORTY-THREE OF THIS  ARTICLE  within
two  years  after the alleged retaliatory personnel action was taken. In
addition to the relief set forth in that subdivision, the court, in  its
discretion, based upon a finding that the employer acted in bad faith in
the  retaliatory  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) the reinstatement of full fringe benefits and seniority rights;
  (d) the compensation for lost wages, benefits and other  remuneration;
and
  (e)  the  payment  by the employer of reasonable costs, disbursements,
and attorney's fees.]
  S 4. Nothing in this act shall be interpreted  or  applied  so  as  to
create any power or duty in conflict with federal law.

S. 5674--A                          3

  S 5. If any provision of this act or application thereof to any person
or circumstance is judged invalid, the invalidity shall not affect other
provisions or applications of the act, which can be given effect without
the invalid provision, or application, and to this end the provisions of
this act are declared severable.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the commissioner of labor shall promul-
gate rules and regulations necessary to  effectuate  the  provisions  of
this act prior to such effective date.

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 S5674A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

2011-S5674 - Details

2011-S5674 - Summary

2011-S5674 - Sponsor Memo

2011-S5674 - Bill Text download pdf

co-Sponsors

2011-S5674A (ACTIVE) - Details

2011-S5674A (ACTIVE) - Summary

2011-S5674A (ACTIVE) - Sponsor Memo

2011-S5674A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S5674A

Senate Bill S5674A

Share this bill

Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

Velmanette Montgomery

2011-S5674 - Details

2011-S5674 - Summary

2011-S5674 - Sponsor Memo

2011-S5674 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Velmanette Montgomery

Suzi Oppenheimer

2011-S5674A (ACTIVE) - Details

2011-S5674A (ACTIVE) - Summary

2011-S5674A (ACTIVE) - Sponsor Memo

2011-S5674A (ACTIVE) - Bill Text download pdf

Comments