Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 21, 2020 |
referred to labor delivered to assembly passed senate |
Feb 10, 2020 |
advanced to third reading |
Feb 05, 2020 |
2nd report cal. |
Feb 04, 2020 |
1st report cal.360 |
Jan 08, 2020 |
referred to labor returned to senate died in assembly |
Jun 12, 2019 |
referred to labor delivered to assembly passed senate |
Jun 06, 2019 |
amended on third reading 4396a |
Jun 04, 2019 |
advanced to third reading |
Jun 03, 2019 |
2nd report cal. |
May 30, 2019 |
1st report cal.1116 |
Mar 11, 2019 |
referred to labor |
Senate Bill S4396A
2019-2020 Legislative Session
Sponsored By
(D, WF) 13th Senate District
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
Actions
Votes
Bill Amendments
2019-S4396 - Details
2019-S4396 - Sponsor Memo
BILL NUMBER: S4396 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to retali- atory personnel actions by employers JUSTIFICATION: As was pointed out by the Court of Appeals in 1996, New York maintains two different standards for providing a remedy to employees who have been unlawfully retaliated against by their employers. Bordell v. General Electric Co., 88 N.Y.2d 869, 871. As the Court held, for non-public employees, proof of an actual violation of law is required in order to sustain a cause of action pred- icated under Labor Law Sec. 740, New York's anti-retaliation law. In other words, in order for an employee to claim that they were wrongfully retaliated against by an employer, the employee must demonstrate that he/she disclosed an action violation of law. See, ch. 660, L.1984, which also added Civil Service Law § 75-b as applicable to public employees. However, the Civil Rights Law was amended in 1986 to "widen the
2019-S4396 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4396 2019-2020 Regular Sessions I N S E N A T E March 11, 2019 ___________ Introduced by Sen. RAMOS -- 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00918-01-9
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 31st Senate District
2019-S4396A (ACTIVE) - Details
2019-S4396A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4396A SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to retali- atory personnel actions by employers JUSTIFICATION: As was pointed out by the Court of Appeals in 1996, New York maintains two different standards for providing a remedy to employees who have been unlawfully retaliated against by their employers. Bordell v. Gener- al Electric Co., 88 N.Y.2d 869, 871. As the Court held, for non-public employees, proof of an actual violation of law is required in order to sustain a cause of action pred- icated under Labor Law Sec. 740, New York's anti-retaliation law. In other words, in order for an employee to claim that they were wrongfully retaliated against by an employer, the employee must demonstrate that he/she disclosed an action violation of law. See, ch. 660, L.1984, which also added Civil Service Law § 75-b as applicable to public employees.
2019-S4396A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4396--A Cal. No. 1116 2019-2020 Regular Sessions I N S E N A T E March 11, 2019 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 1 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows: (a) "Employee" means an individual who performs services for and under the control and direction of an employer for wages or other remuneration OR NATURAL PERSONS EMPLOYED AS INDEPENDENT CONTRACTORS TO CARRY OUT WORK IN FURTHERANCE OF AN EMPLOYER'S BUSINESS ENTERPRISE WHO ARE NOT THEM- SELVES EMPLOYERS. § 2. The opening paragraph and paragraph (a) of subdivision 2 of section 740 of the labor law, the opening paragraph as added by chapter 660 of the laws of 1984 and paragraph (a) as amended by chapter 442 of the laws of 2006, is amended to read as follows: An employer shall not take any retaliatory personnel action against an employee, WHETHER OR NOT WITHIN THE SCOPE OF THE EMPLOYEE'S JOB DUTIES, because such employee does any of the following: (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; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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