The New York State Senate

                    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.

                                                           LBD00918-03-9

A. 5631--A                          2

  §  3.  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.]
  § 4. Paragraphs (b), (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:
  (b) the reinstatement of the employee to the same position held before
the retaliatory personnel action, or to an equivalent position, OR FRONT
PAY IN LIEU THEREOF;
  (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 WILLFUL, MALICIOUS OR WANTON.
  §  5.  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.