| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to labor |
| Jun 06, 2013 |
print number 5640a |
| Jun 06, 2013 |
amend and recommit to labor |
| May 30, 2013 |
referred to labor |
Senate Bill S5640A
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
Actions
Bill Amendments
2013-S5640 - Details
2013-S5640 - Sponsor Memo
BILL NUMBER:S5640
TITLE OF BILL: An act to amend the labor law, in relation to
retaliatory action by employers
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit retaliation against an employee who protests against or
discloses actions of a public official that constitute bribery,
attempted bribery, official misconduct, or defrauding the government.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 740(2) of the labor law by
renumbering subdivisions and adding a new subdivision (b) to prohibit
an employer from taking retaliatory action against an employee who
protests or discloses, whether to a supervisor, a public entity, or to
the public in general, any action that constitutes a violation of
Article 4 of the Public Officers Law(including receiving bribes and
unlawful fees and payments) or Article 195 of the Penal Law (including
official misconduct and defrauding the government).
Section 2 of the bill is the effective date.
JUSTIFICATION:
2013-S5640 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5640
2013-2014 Regular Sessions
I N S E N A T E
May 30, 2013
___________
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, in relation to retaliatory action by
employers
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 added by
chapter 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) (I) discloses, or threatens to disclose to a supervisor or to a
public body an 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 safe-
ty, or which constitutes health care fraud; OR
[(b)] (II) 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; or
[(c)] (III) objects to, or refuses to participate in any such activ-
ity, policy or practice in violation of a law, rule or regulation[.]; OR
(B) PROTESTS OR DISCLOSES, WHETHER TO A SUPERVISOR, A PUBLIC ENTITY,
OR TO THE PUBLIC IN GENERAL, ANY ACTION THAT CONSTITUTES A VIOLATION OF
ARTICLE FOUR OF THE PUBLIC OFFICERS LAW OR ARTICLE ONE HUNDRED
NINETY-FIVE OF THE PENAL LAW.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10888-03-3
2013-S5640A (ACTIVE) - Details
2013-S5640A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5640A
TITLE OF BILL: An act to amend the labor law, in relation to
retaliatory action by employers
PURPOSE OR GENERAL IDEA OF BILL: To prohibit retaliation against an
employee who protests against or discloses actions of a public
official that constitute bribery, attempted bribery, official
misconduct, or defrauding the government.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 740(2) of the labor law by
renumbering subdivisions and adding a new subdivision (b) to prohibit
an employer from taking retaliatory action against an employee who
protests or discloses, whether to a supervisor, a public entity, or to
the public in general, any action that constitutes a violation of
Article 4 of the Public Officers Law(including receiving bribes and
unlawful fees and payments) or Article 195 of the Penal Law (including
official misconduct and defrauding the government).
Section 2 of the bill is the effective date.
JUSTIFICATION: Current law protects public and private sector
employees who disclose, or threaten to disclose to a supervisor or to
a public body an activity, policy or practice of an employer that
2013-S5640A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5640--A
2013-2014 Regular Sessions
I N S E N A T E
May 30, 2013
___________
Introduced by Sen. SAVINO -- 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 action by
employers
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 added by
chapter 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) (I) discloses, or threatens to disclose to a supervisor or to a
public body an 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 safe-
ty, or which constitutes health care fraud; OR
[(b)] (II) 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; or
[(c)] (III) objects to, or refuses to participate in any such activ-
ity, policy or practice in violation of a law, rule or regulation[.]; OR
(B) PROTESTS OR DISCLOSES, WHETHER TO A SUPERVISOR, A PUBLIC ENTITY,
OR TO THE PUBLIC IN GENERAL, ANY ACTION THAT CONSTITUTES A VIOLATION OF
SECTION SEVENTY-THREE, SEVENTY-THREE-A, SEVENTY-FOUR, SEVENTY-FIVE, OR
SEVENTY-SIX OF THE PUBLIC OFFICERS LAW OR SECTION 175.20, 175.25,
175.40, 195.20 OR ARTICLE TWO HUNDRED OF THE PENAL LAW.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10888-07-3
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