Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
Archive: Last 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
Bill Amendments
Co-Sponsors
Aravella Simotas
Jeffrey Dinowitz
Deborah Glick
Kevin Cahill
Multi-Sponsors
Inez Barron
Steven Cymbrowitz
Anthony D'Urso
Steven Englebright
A5631 - Details
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
Aravella Simotas
Jeffrey Dinowitz
Deborah Glick
Kevin Cahill
Multi-Sponsors
Inez Barron
Steven Cymbrowitz
Anthony D'Urso
Steven Englebright
A5631A (ACTIVE) - Details
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.