Galef, Miller M, Dinowitz, Stirpe, Rivera J, Montesano, Gottfried, Pichardo, Colton, Joyner,
Barron, Thiele, Cahill, Steck
MLTSPNSR
Englebright, Giglio JM, Glick, Simon
Amd §740, Lab L
Provides that an employer may not take retaliatory action against a person who protests against or discloses any bribery or attempted bribery of a public official.
STATE OF NEW YORK
________________________________________________________________________
3995
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. ABINANTI, GALEF, M. MILLER, DINOWITZ, STIRPE,
J. RIVERA, MONTESANO, GOTTFRIED, PICHARDO, COLTON, JOYNER, BARRON,
THIELE, CAHILL, STECK -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT,
J. M. GIGLIO, GLICK, SIMON -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to retaliatory action by
employers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 740 of the labor law, as added by
2 chapter 660 of the laws of 1984, paragraph (a) as amended by chapter 442
3 of the laws of 2006, is amended to read as follows:
4 2. Prohibitions. An employer shall not take any retaliatory personnel
5 action against an employee because such employee does any of the follow-
6 ing:
7 (a) (i) discloses, or threatens to disclose to a supervisor or to a
8 public body an activity, policy or practice of the employer that is in
9 violation of law, rule or regulation which violation creates and
10 presents a substantial and specific danger to the public health or safe-
11 ty, or which constitutes health care fraud; or
12 [(b)] (ii) provides information to, or testifies before, any public
13 body conducting an investigation, hearing or inquiry into any such
14 violation of a law, rule or regulation by such employer; or
15 [(c)] (iii) objects to, or refuses to participate in any such activ-
16 ity, policy or practice in violation of a law, rule or regulation[.]; or
17 (b) protests or discloses, whether to a supervisor, a public entity,
18 or to the public in general, any action which the employee reasonably
19 believes constitutes a violation of section seventy-three, seventy-
20 three-a, seventy-four, seventy-five, or seventy-six of the public offi-
21 cers law or section 175.20, 175.25, 175.40, 195.20 or article two
22 hundred of the penal law.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00974-01-1
