senate Bill S4394A

Signed By Governor
2021-2022 Legislative Session

Relates to retaliatory actions by employers

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Sponsored By

Current 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

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 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

Co-Sponsors

view additional co-sponsors

S4394 - Details

See Assembly Version of this Bill:
A5144
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: S4396, A7384

S4394 - Summary

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

S4394 - Sponsor Memo

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

view additional co-sponsors

S4394A (ACTIVE) - Details

See Assembly Version of this Bill:
A5144
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: S4396, A7384

S4394A (ACTIVE) - Summary

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

S4394A (ACTIVE) - Sponsor Memo

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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