Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 25, 2018 | referred to labor |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Aravella Simotas
Jeffrey Dinowitz
Catherine Nolan
Kevin Cahill
Multi-Sponsors
Inez Barron
Steven Cymbrowitz
Anthony D'Urso
Steven Englebright
A9590 (ACTIVE) - Details
A9590 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9590 I N A S S E M B L Y January 25, 2018 ___________ Introduced by M. of A. WEINSTEIN, SIMOTAS, DINOWITZ, NOLAN, CAHILL -- Multi-Sponsored by -- M. of A. BARRON, CYMBROWITZ, D'URSO, ENGLE- BRIGHT, GALEF, GLICK, GOTTFRIED, JAFFEE, JENNE, LUPARDO, MAGNARELLI, SIMON -- read once and referred 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. Paragraph (a) of subdivision 2 of section 740 of the labor law, as amended by chapter 442 of the laws of 2006, is amended to read as follows: (a) discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer [that] WHICH THE EMPLOYEE REASONABLY BELIEVES is in violation of law, rule or regulation [which violation creates and presents] OR WHICH THE EMPLOYEE REASONABLY BELIEVES POSES a substantial and specific danger to the public health or safety, or which constitutes health care fraud; § 2. Paragraph (c) of subdivision 4 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows: (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.] § 3. Paragraphs (d) and (e) of subdivision 5 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, are amended to read as follows: (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; AND (F) THE PAYMENT BY THE EMPLOYER OF PUNITIVE DAMAGES, IF THE VIOLATION WAS MALICIOUS OR WANTON. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets