assembly Bill A5631A

2019-2020 Legislative Session

Relates to retaliatory personnel actions by employers

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Current 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to labor
Jul 08, 2019 print number 5631a
Jul 08, 2019 amend and recommit to labor
Feb 14, 2019 referred to labor

Co-Sponsors

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Multi-Sponsors

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A5631 - Details

See Senate Version of this Bill:
S4396
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A9590

A5631 - Summary

Relates to retaliatory personnel actions by employers.

A5631 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5631

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, SIMOTAS, DINOWITZ, GLICK, CAHILL,
  COLTON, TAYLOR -- Multi-Sponsored by -- M. of A.  BARRON,  CYMBROWITZ,
  D'URSO,  ENGLEBRIGHT,  GALEF,  GOTTFRIED, JAFFEE, LUPARDO, MAGNARELLI,
  NIOU, 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]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00918-01-9

Co-Sponsors

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Multi-Sponsors

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A5631A (ACTIVE) - Details

See Senate Version of this Bill:
S4396
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A9590

A5631A (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

A5631A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5631--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, SIMOTAS, DINOWITZ, GLICK, CAHILL,
  COLTON, TAYLOR, GRIFFIN -- Multi-Sponsored by  --  M.  of  A.  BARRON,
  CYMBROWITZ,  D'URSO,  ENGLEBRIGHT,  GALEF, GOTTFRIED, JAFFEE, LUPARDO,
  MAGNARELLI, NIOU, SIMON -- read once and referred to the Committee  on
  Labor  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

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.