senate Bill S1490

2013-2014 Legislative Session

Relates to retaliatory personnel actions by employers

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

Co-Sponsors

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S1490 - Details

See Assembly Version of this Bill:
A5850
Law Section:
Labor Law
Laws Affected:
Add §§742, 743 & 744, amd §740, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S5674A, A8348A

S1490 - Summary

Relates to retaliatory personnel actions by employers.

S1490 - Sponsor Memo

S1490 - Bill Text download pdf

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

                                  1490

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, HOYLMAN, MONTGOMERY -- 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. This act shall be known and may be cited as the "Wage Tran-
sparency 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.

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