senate Bill S4396A

2019-2020 Legislative Session

Relates to retaliatory personnel actions by employers

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (17)
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

Votes

view votes

Feb 4, 2020 - Labor committee Vote

S4396A
9
3
committee
9
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Feb 4, 2020

nay (3)
aye wr (1)

May 30, 2019 - Labor committee Vote

S4396
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2019

nay (1)
aye wr (2)

S4396 - Details

See Assembly Version of this Bill:
A5631
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A9590

S4396 - Summary

Relates to retaliatory personnel actions by employers.

S4396 - Sponsor Memo

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

view additional co-sponsors

S4396A (ACTIVE) - Details

See Assembly Version of this Bill:
A5631
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A9590

S4396A (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

S4396A (ACTIVE) - Sponsor Memo

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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