Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 02, 2021 | referred to codes delivered to assembly passed senate |
May 24, 2021 | advanced to third reading amended (t) 4394a |
May 20, 2021 | 2nd report cal. |
May 18, 2021 | 1st report cal.1112 |
Feb 04, 2021 | referred to labor |
senate Bill S4394A
Signed By GovernorSponsored By
Jessica Ramos
(D, WF) 13th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Actions
Votes
Bill Amendments
Co-Sponsors
Alessandra Biaggi
(D, WF) 0 Senate District
Andrew Gounardes
(D) 26th Senate District
Robert Jackson
(D, WF) 31st Senate District
Todd Kaminsky
(D) 0 Senate District
S4394 - Details
S4394 - Sponsor Memo
BILL NUMBER: S4394 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to retaliatory personnel actions by employers JUSTIFICATION: As was pointed out by the Court of Appeals in 1996, New York maintains two different standards for providing a remedy to employees who have been unlawfully retaliated against by their employers. Bordell v. General Electric Co., 88 N.Y.2d 869, 871. As the Court held, for non-public employees, proof of an actual violation of law is required in order to sustain a cause of action pred- icated under Labor Law Sec. 740, New York's anti-retaliation law. In other words, in order for an employee to claim that they were wrongfully retaliated against by an employer, the employee must demonstrate that he/she disclosed an action violation of law. See, ch. 660, L.1984, which also added Civil Service Law § 75-b as applicable to public employees.
S4394 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4394 2021-2022 Regular Sessions I N S E N A T E February 4, 2021 ___________ Introduced by Sens. RAMOS, BIAGGI, GOUNARDES, JACKSON, KAMINSKY, LIU -- 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 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.
Co-Sponsors
Alessandra Biaggi
(D, WF) 0 Senate District
Andrew Gounardes
(D) 26th Senate District
Robert Jackson
(D, WF) 31st Senate District
Todd Kaminsky
(D) 0 Senate District
S4394A (ACTIVE) - Details
S4394A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4394A SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to retaliatory actions by employers SUMMARY OF PROVISIONS: Section 1 of this bill amends the definition of "employee" to include former employees and independent contractors; clarifies that the defi- nition of "law, rule, or regulation" has included executive orders as well as judicial or administrative decisions; clarifies the definition of a "public body;" expands the definition of a retaliatory action to include actions or threats to take actions that would adversely impact a former employee's current or future employment and contacting or threats to contact immigration authorities; provides protection to employees whether or not they were acting within the scope of their job duties; provides protection for employees who disclose or threaten to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of
S4394A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4394--A Cal. No. 1112 2021-2022 Regular Sessions I N S E N A T E February 4, 2021 ___________ Introduced by Sens. RAMOS, BIAGGI, GOUNARDES, JACKSON, KAMINSKY, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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