S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7891
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the  labor  law,  in  relation  to  retaliation  against
   employees for using a firearm in self-defense in the course of employ-
   ment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a  new  section  742  to
 read as follows:
   §  742. PROHIBITION; EMPLOYEE PENALIZED FOR USING A FIREARM. 1.  DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION, UNLESS THE  CONTEXT  SPECIFICALLY
 INDICATES OTHERWISE:
   (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO PERFORMS SERVICES FOR AND UNDER
 THE  CONTROL  AND  DIRECTION OF AN EMPLOYER FOR WAGES OR OTHER REMUNERA-
 TION.
   (B) "EMPLOYER"  MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP,  INSTITUTION,
 CORPORATION, OR ASSOCIATION THAT EMPLOYS ONE OR MORE EMPLOYEES.
   (C)  "LAW,  RULE  OR  REGULATION" INCLUDES ANY DULY ENACTED STATUTE OR
 ORDINANCE OR ANY RULE OR REGULATION PROMULGATED PURSUANT TO ANY FEDERAL,
 STATE OR LOCAL STATUTE OR ORDINANCE.
   (D) "RETALIATORY PERSONNEL ACTION" MEANS THE DISCHARGE, SUSPENSION  OR
 DEMOTION  OF  AN  EMPLOYEE,  OR  OTHER  ADVERSE  EMPLOYMENT ACTION TAKEN
 AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
   2. PROHIBITIONS. AN EMPLOYER SHALL NOT TAKE ANY RETALIATORY  PERSONNEL
 ACTION  AGAINST  AN  EMPLOYEE  BECAUSE SUCH EMPLOYEE USES A FIREARM, FOR
 WHICH THE EMPLOYEE HAS A CONCEAL CARRY PERMIT, IN  SELF-DEFENSE  IN  THE
 COURSE OF EMPLOYMENT ON A PERPETRATOR DURING THE COURSE OF A CRIME.
   3.  VIOLATION;  REMEDY.  (A) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A
 RETALIATORY PERSONNEL ACTION IN VIOLATION OF THIS SECTION MAY  INSTITUTE
 A  CIVIL  ACTION  IN A COURT OF COMPETENT JURISDICTION FOR RELIEF AS SET

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11572-01-9
              

 A. 7891                             2
 
 FORTH IN SUBDIVISION FOUR OF THIS SECTION  WITHIN  ONE  YEAR  AFTER  THE
 ALLEGED RETALIATORY PERSONNEL ACTION WAS TAKEN.
   (B) ANY ACTION AUTHORIZED BY THIS SECTION MAY BE BROUGHT IN THE COUNTY
 IN WHICH THE ALLEGED RETALIATORY PERSONNEL ACTION OCCURRED, IN THE COUN-
 TY  IN  WHICH  THE  COMPLAINANT  RESIDES,  OR IN THE COUNTY IN WHICH THE
 EMPLOYER HAS ITS PRINCIPAL PLACE OF BUSINESS.
   (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.
   4. RELIEF. IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, THE COURT MAY ORDER RELIEF AS FOLLOWS:
   (A) AN INJUNCTION TO RESTRAIN CONTINUED VIOLATION OF THIS SECTION;
   (B) THE REINSTATEMENT OF THE EMPLOYEE TO THE SAME POSITION HELD BEFORE
 THE RETALIATORY PERSONNEL ACTION, OR TO AN EQUIVALENT POSITION;
   (C) THE REINSTATEMENT OF FULL FRINGE BENEFITS AND SENIORITY RIGHTS;
   (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.
   5.  EMPLOYER  RELIEF.  A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT
 REASONABLE ATTORNEYS' FEES AND COURT COSTS AND DISBURSEMENTS BE  AWARDED
 TO  AN  EMPLOYER  IF  THE  COURT DETERMINES THAT AN ACTION BROUGHT BY AN
 EMPLOYEE UNDER THIS SECTION WAS WITHOUT BASIS IN LAW OR IN FACT.
   6. EXISTING RIGHTS. NOTHING IN THIS SECTION SHALL BE DEEMED TO  DIMIN-
 ISH  THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER
 LAW OR REGULATION  OR  UNDER  ANY  COLLECTIVE  BARGAINING  AGREEMENT  OR
 EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN ACTION IN ACCORD-
 ANCE  WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE RIGHTS AND REME-
 DIES AVAILABLE UNDER ANY OTHER CONTRACT,  COLLECTIVE  BARGAINING  AGREE-
 MENT, LAW, RULE OR REGULATION OR UNDER THE COMMON LAW.
   § 2. This act shall take effect immediately.