S T A T E O F N E W Y O R K
________________________________________________________________________
7976
2023-2024 Regular Sessions
I N A S S E M B L Y
August 18, 2023
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting employers from
retaliating against employees for confronting an individual to prevent
a theft or the unlawful taking of goods, wares, or merchandise
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 215-d to
read as follows:
§ 215-D. EMPLOYEE CONFRONTATION OF THEFT; PROHIBITED RETALIATION. 1.
NO EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY CORPO-
RATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, OR ANY OTHER PERSON
SHALL DISCHARGE, THREATEN, PENALIZE, OR IN ANY OTHER MANNER DISCRIMINATE
OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE CONFRONTS OR
ATTEMPTS TO CONFRONT AN INDIVIDUAL TO PREVENT A THEFT OR THE UNLAWFUL
TAKING OF GOODS, WARES, OR MERCHANDISE.
2. AS USED IN THIS SECTION, TO THREATEN, PENALIZE, OR IN ANY OTHER
MANNER DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE SHALL INCLUDE
REDUCING WORK HOURS, DENYING A PROMOTION, AND/OR DECREASING PAY, BUT
SHALL NOT INCLUDE TRAINING OR RE-TRAINING ON APPLICABLE EMPLOYER POLI-
CIES.
3. NOTHING IN THIS SECTION SHALL REQUIRE AN EMPLOYEE TO CONFRONT,
PREVENT, OR ATTEMPT TO PREVENT A THEFT OR THE UNLAWFUL TAKING OF GOODS,
WARES, OR MERCHANDISE OF AN EMPLOYER, NOR SHALL THIS SECTION PREVENT AN
EMPLOYER FROM INSTITUTING A POLICY ADVISING EMPLOYEES AGAINST CONFRONT-
ING, PREVENTING, OR ATTEMPTING TO PREVENT A THEFT OR THE UNLAWFUL TAKING
OF GOODS, WARES, OR MERCHANDISE OF AN EMPLOYER.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11986-01-3