Assembly Bill A9590

2017-2018 Legislative Session

Relates to retaliatory personnel actions by employers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2017-A9590 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5631
2021-2022: A2546

2017-A9590 (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

2017-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

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