assembly Bill A2546

2021-2022 Legislative Session

Relates to retaliatory personnel actions by employers

download bill text pdf

Sponsored By

Current 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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to labor
Jan 19, 2021 referred to labor

Co-Sponsors

Multi-Sponsors

A2546 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §740, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9590
2019-2020: A5631

A2546 (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

A2546 (ACTIVE) - Bill Text download pdf

 
                     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.