Assembly Bill A2120

2009-2010 Legislative Session

Prohibits retaliatory action against an employee who reasonably believes his employer is in violation of a law, rule or regulation

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2120 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง740, Lab L

2009-A2120 (ACTIVE) - Summary

Prohibits retaliatory action against an employee who reasonably believes his employer is in violation of a law, rule or regulation; prohibits retaliatory action against an employee who discloses a violation by his employer which constitutes a workplace hazard; expands the definition of public body.

2009-A2120 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2120

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  JOHN, NOLAN -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law,  in  relation  to  retaliatory  personnel
  action by employers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (i) of  paragraph  (d)  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:
  (i) the United States Congress, any state legislature, or any popular-
ly-elected local governmental body, or any [member or employee  thereof]
EMPLOYEE,  COMMITTEE,  MEMBER OR COMMISSION OF THE LEGISLATIVE BRANCH OF
GOVERNMENT OR A LEGISLATIVE BODY OF A COUNTY, CITY, TOWN, VILLAGE OR ANY
OTHER POLITICAL SUBDIVISION OF THE STATE;
  S 2. Subdivision 2 of section 740 of the labor law, as added by  chap-
ter  660 of the laws of 1984, paragraph (a) as amended by chapter 442 of
the laws of 2006, is amended to read as follows:
  2. Prohibitions. An employer shall not take any retaliatory  personnel
action against an employee because such employee does any of the follow-
ing:
  (a) discloses, or threatens 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 law,  rule  or  regulation  which
violation  creates and presents a substantial and specific danger to the
public health [or], safety OR RESOURCES, OR WHICH CONSTITUTES A SYSTEMIC
BREACH OF DUTY TO A SIGNIFICANT SEGMENT OF EMPLOYEES,  CLIENTS,  CUSTOM-
ERS,  SHAREHOLDERS, OR CREDITORS WHO ARE HARMED OR IN IMMINENT DANGER OF
HARM BY SUCH BREACH, OR WHICH CONSTITUTES A WORKPLACE HAZARD,  or  which
constitutes health care fraud;
  (b)  provides  information  to,  or  testifies before, any public body
conducting an investigation, hearing or inquiry into any such POLICY  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04146-01-9

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