assembly Bill A5144A

Signed By Governor
2021-2022 Legislative Session

Relates to retaliatory actions by employers

download bill text pdf

Sponsored By

Current Bill Status Via S4394 - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 28, 2021 signed chap.522
Oct 22, 2021 delivered to governor
Jun 10, 2021 returned to senate
passed assembly
Jun 07, 2021 ordered to third reading rules cal.433
substituted for a5144a
Jun 07, 2021 substituted by s4394a
rules report cal.433
reported
Jun 02, 2021 reported referred to rules
May 24, 2021 reported referred to codes
May 20, 2021 print number 5144a
May 20, 2021 amend (t) and recommit to labor
Feb 11, 2021 referred to labor

Co-Sponsors

view additional co-sponsors

A5144 - Details

See Senate Version of this Bill:
S4394
Law Section:
Labor Law
Laws Affected:
Amd §§740 & 741, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5696
2015-2016: A5754
2017-2018: A5757
2019-2020: A7384, S4396

A5144 - Summary

Provides protection to employees and former employees from retaliatory actions by employers for the reporting of illegal or dangerous business activities.

A5144 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5144
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. BENEDETTO, ABINANTI, AUBRY, JACKSON -- read once
   and referred to the Committee on Labor
 
 AN ACT to amend the labor law and the civil service law, in relation  to
   protection  of  employees  and  former  employees  against retaliatory
   action by employers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  740 of the labor law, as added by chapter 660 of
 the laws of 1984, paragraph (g) of subdivision 1 as added and  paragraph
 (a)  of  subdivision  2  as  amended by chapter 442 of the laws of 2006,
 paragraph (d) of subdivision 4 as added by chapter 24  of  the  laws  of
 2002,  and  subdivision 7 as amended by chapter 684 of the laws of 2019,
 is amended to read as follows:
   § 740. Retaliatory [personnel] action by  employers;  prohibition.  1.
 Definitions.  For  purposes  of this section, unless the context specif-
 ically indicates otherwise:
   (a) "Employee" means an individual who performs services for and under
 the control and direction of an employer for wages  or  other  remunera-
 tion.
   (b)  "Employer"  means  any  person,  firm,  partnership, institution,
 corporation, or association that employs one or more employees.
   (c) "Law, rule or regulation" includes: (I) any duly enacted  FEDERAL,
 STATE  OR  LOCAL  statute or ordinance [or]; (II) any rule or regulation
 promulgated pursuant to [any federal, state or local]  SUCH  statute  or
 ordinance;  OR  (III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR
 ORDER.
   (d) "Public body" includes the following:
   (i) the United States Congress, any state legislature, or  any  [popu-
 larly-elected] ELECTED local governmental body, or any member or employ-
 ee thereof;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02665-01-1

Co-Sponsors

view additional co-sponsors

A5144A (ACTIVE) - Details

See Senate Version of this Bill:
S4394
Law Section:
Labor Law
Laws Affected:
Amd §§740 & 741, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5696
2015-2016: A5754
2017-2018: A5757
2019-2020: A7384, S4396

A5144A (ACTIVE) - Summary

Provides protection to employees and former employees from retaliatory actions by employers for the reporting of illegal or dangerous business activities.

A5144A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5144--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO,  ABINANTI, AUBRY, JACKSON, STECK,
   FORREST -- read once and referred to the Committee on Labor -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the labor law, in relation to retaliatory actions by
   employers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 740 of the labor law, as added by chapter 660 of
 the laws of 1984, paragraph (g) of subdivision 1 as added and  paragraph
 (a)  of  subdivision  2  as  amended by chapter 442 of the laws of 2006,
 paragraph (d) of subdivision 4 as added by chapter 24  of  the  laws  of
 2002,  and  subdivision 7 as amended by chapter 684 of the laws of 2019,
 is amended to read as follows:
   § 740. Retaliatory [personnel] action by  employers;  prohibition.  1.
 Definitions.  For  purposes  of this section, unless the context specif-
 ically indicates otherwise:
   (a) "Employee" means an individual who performs services for and under
 the  control  and  direction  of  an  employer  for   wages   or   other
 remuneration, INCLUDING FORMER EMPLOYEES, OR NATURAL PERSONS EMPLOYED AS
 INDEPENDENT  CONTRACTORS  TO CARRY OUT WORK IN FURTHERANCE OF AN EMPLOY-
 ER'S BUSINESS ENTERPRISE WHO ARE NOT THEMSELVES EMPLOYERS.
   (b) "Employer"  means  any  person,  firm,  partnership,  institution,
 corporation, or association that employs one or more employees.
   (c)  "Law, rule or regulation" includes: (I) any duly enacted FEDERAL,
 STATE OR LOCAL statute or ordinance or EXECUTIVE ORDER; (II) any rule or
 regulation promulgated pursuant to [any federal, state  or  local]  SUCH
 statute or ordinance OR EXECUTIVE ORDER; OR (III) ANY JUDICIAL OR ADMIN-
 ISTRATIVE DECISION, RULING OR ORDER.
   (d) "Public body" includes the following:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02665-05-1