The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD14015-02-8

A. 9590                             2

  § 4. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
to  be  made by the commissioner of labor of the state of New York on or
before such effective date.