Assembly Bill A2546

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2546
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. WEINSTEIN, DINOWITZ, GLICK, CAHILL, TAYLOR, WOER-
   NER  -- Multi-Sponsored by -- M. of A. 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 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;
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00031-01-1

 A. 2546                             2
 
   (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.