NY State Senate Bill 2011-S5620

Senate Bill S5620

2011-2012 Legislative Session

Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities

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Archive: Last Bill Status - In Senate Committee Labor 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to labor
Jun 07, 2011	referred to labor

co-Sponsors

2011-S5620 (ACTIVE) - Details

See Assembly Version of this Bill:: A6971
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §740, Lab L; amd §75-b, Civ Serv L
Versions Introduced in 2009-2010 Legislative Session:: S5194, A2126

2011-S5620 (ACTIVE) - Summary

Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report illegal business activities; applicable to employees who in good faith reasonably believe that an illegal business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief.

2011-S5620 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5620

TITLE OF BILL:
An act
to amend the labor law and the civil service law, in relation to
protection of employees against retaliatory action by employers

PURPOSE:
This bill provides greater protections for "whistleblower"
employees who disclose information about illegal activities of their
employers.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Labor Law § 740 by:

* adding definitions of "agent" and "illegal business activity";

* specifying that an employee will be protected against retaliatory
action for disclosure of employer activity that the employee
reasonably believes has occurred and reasonably believes constitutes
illegal business activity;

* adding a "good faith" requirement relating to the effort of the
employee to bring the illegal activity to the attention of the
employer in order to be protected;

* eliminating the requirement for employer notification where the
public health or safety is in imminent danger, in cases where the
employee reasonably believes that such notification will result in a
destruction of evidence relating to the illegal activity, or where
the employer has failed to inform its employees of the rights
provided by this section;

* providing additional remedies for whistleblowers who suffer
impermissible retaliatory personnel actions; and

* requiring employers to inform their employees of their rights under
this section.

Section 2 of the bill amends Civil Service Law §75-b(2) by: (a) adding
protections, to conform to Labor Law §740, for whistleblowers who
provide information to investigatory bodies or refuse to participate
in the alleged improper activity; and (b) eliminating the requirement
for employer notification in the same circumstances as provided in
Labor Law §740.

Section 3 of the bill amends Civil Service Law §75-b (3) (c) by
providing a right of action under Labor Law §740 to all public
employees.

Section 4 of the bill adds a new subdivision 5 to civil Service Law
§75-b, requiring employers to inform their employees of their rights
under this section.

The bill takes effect ninety days following enactment.


EXISTING LAW:
Labor Law §740 prohibits private employers from firing
or taking any other adverse employment action against an employee who
refuses to participate in an illegal business activity, or who
discloses such illegal activity to a public body, if the illegal
activity presents a "substantial and specific danger to the public
health or safety." This protection does not apply, however, unless
the employee has brought the illegal behavior to the attention of a
supervisor and has given the employer an opportunity to correct the
behavior.

Civil Service Law §75-b prohibits public employers from firing or
taking any other adverse employment action against a public employee
who discloses information: (1) regarding a violation of a law, rule
or regulation presenting a substantial and specific danger to the
public health and safety; or (2) regarding any action by a public
employer which the employee reasonably believes constitutes a
violation of any federal, state or local law, rule or regulation.
Prior to disclosing the information, the employee must make a good
faith effort to inform his or her employer and to give the employer a
reasonable time to take appropriate action, unless there is an
imminent and serious danger to the public health or safety.

JUSTIFICATION:

Private and public employees in New York State who report illegal or
improper activities by their employers are given certain protections
under New York's whistleblower protection law, which was enacted in
1984. Specifically, Labor Law §740 prohibits private employers from
dismissing or punishing employees who refuse to participate in
certain illegal business activities or who disclose such illegal
activities to a public body. Similarly, Civil Service Law §75-b
prohibits public employers from taking any adverse employment action
against an employee who discloses certain violations of law, rule or
regulation.

Unfortunately, there are several significant flaws in the
whistleblower statutes which greatly limit the protections provided
to employees and thereby deter honest employees from revealing
illegal activities of their employers out of the legitimate fear
that they can be dismissed for reporting such violations.

First, Labor Law §740 only protects employees who disclose illegal
activities that present a "substantial and specific danger to the
public health or safety." Thus, if an employee becomes aware that his
or her employer is knowingly defrauding its customers or stealing
government funds, the employee can be fired for revealing that
information to government authorities and the whistleblower law will
provide no protection. For example, in Remba v.
Federation Employment and Guidance Service, 149 A.D.2d 131, aff'd 76
N.Y.2d 801(1990), the Court denied whistleblower protection to an
employee who reported fraudulent billing of the City of New York
because those fraudulent billings did not present a danger to public
health or safety. Numerous other court cases similarly have denied
whistleblower protection to those whose employers were engaged in
fraud and larceny in connection with government contracts.


Second, a private employee who reasonably believes that his or her
employer has engaged in actions which constitute a violation of law
can be terminated for revealing that information to government
authorities if it turns out that no violation can be proved. For
example, in Bordell v. General Electric Co.,
88 N. Y. 2d 869 (1996), a nuclear health physicist whose preliminary
testing revealed dangerously high employee exposure to radiation was
fired for reporting that his employer had failed to reveal these
excessive radiation levels to the Department of Energy. The Court
held that the plaintiff was not entitled to whistleblower protection
because he was unable to prove that the employer had actually failed
to report the excessive radiation levels.
Civil Service Law §75-b was amended in 1986 to protect public
employees who reasonably believe that a violation has occurred, but
private employees still do not have that protection.

The whistleblower statutes are also significantly flawed because they
generally do not apply unless the employee has brought the illegal
behavior to the attention of a supervisor and has given the employer
an opportunity to correct the illegal behavior. Unfortunately, many
employees do not know of this requirement and are never told by their
employers that they can be fired if they do not first tell the
employer of the illegal activity. While the employer notification
requirement set forth in Civil Service Law §75-b does not apply to
public employees who report an imminent and serious danger to public
health or safety, that same protection does not exist in Labor Law
§740, which means that private employees can be fired for reporting
violations even where such an imminent and serious threat exists.

Moreover, although Labor Law §740 prohibits adverse employment actions
against private employees who refuse to participate in illegal
business activities, Civil Service Law §75-b does not contain a
similar provision.
This means that public employees can be fired for refusing to violate
the law. Finally, the remedies available to employees under Labor Law
§740 are clearly inadequate.

This bill addresses these numerous defects in the current
whistleblower statutes. It implements certain recommendations made by
the New York State Law Revision Commission following a five year
study of the law, and enacts, for all employees, protections similar
to those extended to healthcare workers during the 2002 legislative
session. Specifically, the bill:

* extends whistleblower protections to private employees who report
illegal activities of an employer, regardless of whether those
illegal acts constitute a danger to public safety;

* provides private employees with the same protections that public
employees have to report information they reasonably believe to
constitute illegal activity;

* allows private employees, like public employees, to report imminent
and serious dangers to the public safety directly to government
authorities, rather than first informing their employer and waiting
to see if corrective action is taken;


* eliminates the requirement for prior employer notification where:
(a) the employer has failed to advise its employees of their rights
under the whistleblower statutes; or (b) the employee reasonably
believes that the employer will destroy evidence of the illegal
activity;

* protects public employees who refuse to participate in illegal
activities in the same manner in which private employees are
protected; and

* requires both public and private employers to publicize employees I
rights under the whistleblower law.

New York State should encourage employees who wish to report
violations of law by their employers. In 2002, Time magazine named
three whistleblower employees - including Sherron Watkins of Enron
and Cynthia Cooper of Worldcom - as its "Persons of the Year." This
prestigious designation recognized the central role of honest
employees in the fight against corporate wrongdoing and the
importance of protecting whistleblower employees against retaliation.

Although the "Whistleblower Law" enacted in 1984 was a good first
step, experience over the past 20 years has shown that the law is
simply inadequate. By making the necessary reforms to strengthen the
law, this bill will act as a deterrent to employers who might
otherwise engage in illegal activity, protect the public from such
wrongdoing and ensure that the honest and law-abiding employees who
have the courage to reveal illegal activities are protected against
retaliation by their employers.

LEGISLATIVE HISTORY:
2010 - Died in Senate Labor Committee
2009 - Died in Senate Labor Committee

FISCAL IMPLICATIONS:
This bill will have a positive fiscal impact by reducing fraud
and misuse of public funds by government agencies and contractors.

EFFECTIVE DATE:
This act shall take effect ninety days after enactment.

2011-S5620 (ACTIVE) - Bill Text download pdf

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

                                  5620

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sens. SAVINO, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law and the civil service law, in relation  to
  protection of employees against retaliatory action by employers

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

  Section 1. This act shall be known and may be cited as  the  "whistle-
blower protection act".
  S 2. 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  and  para-
graph  (d)  of subdivision 4 as added by chapter 24 of the laws of 2002,
is amended to read as follows:
  S 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  remunera-
tion.
  (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]; (II) any rule or regulation
promulgated pursuant to [any federal, state or local]  SUCH  statute  or
ordinance;  OR  (III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR
ORDER.
  (d) "Public body" includes the following:
  (i) the United States Congress, any state legislature, or  any  [popu-
larly-elected] ELECTED local governmental body, or any member or employ-
ee thereof;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04117-01-1

S. 5620                             2

  (ii)  any federal, state, or local [judiciary] COURT, or any member or
employee thereof, or any grand or petit jury;
  (iii)  any  federal,  state,  or  local regulatory, administrative, or
public agency or authority, or instrumentality thereof; [or]
  (iv) any federal, state, or local law enforcement agency, prosecutori-
al office, or police or peace officer;
  (V) ANY FEDERAL, STATE OR LOCAL DEPARTMENT OF AN EXECUTIVE  BRANCH  OF
GOVERNMENT; OR
  (VI)  ANY DIVISION, BOARD, BUREAU, OFFICE, COMMITTEE, OR COMMISSION OF
ANY OF THE PUBLIC BODIES DESCRIBED IN SUBPARAGRAPHS (I) THROUGH  (V)  OF
THIS PARAGRAPH.
  (e) "Retaliatory personnel action" means the discharge, suspension [or
demotion  of],  DEMOTION,  PENALIZATION  OR  DISCRIMINATION  AGAINST  an
employee, or other adverse employment action taken against  an  employee
in the terms and conditions of employment.
  (f)  "Supervisor"  means any individual within an employer's organiza-
tion who has the authority to direct and control the work performance of
[the affected] AN employee; or who has [managerial]  authority  to  take
corrective  action  regarding  the  [violation of the law, rule or regu-
lation] ILLEGAL BUSINESS ACTIVITY of which the employee complains.
  (g) "Health care fraud" means health care fraud as defined by  article
one hundred seventy-seven of the penal law.
  (H)  "AGENT"  MEANS  ANY  INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
RATION OR GROUP OF PERSONS ACTING ON BEHALF OF AN EMPLOYER.
  (I) "ILLEGAL BUSINESS ACTIVITY" MEANS ANY PRACTICE, PROCEDURE,  ACTION
OR  FAILURE  TO  ACT  BY  AN  EMPLOYER,  OR AN EMPLOYEE OR AGENT OF SUCH
EMPLOYER, TAKEN IN THE COURSE OF THE EMPLOYER'S BUSINESS, WHETHER OR NOT
WITHIN THE SCOPE OF EMPLOYMENT OR AGENCY, WHICH IS IN VIOLATION  OF  ANY
LAW, RULE OR REGULATION.
  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 INFORMATION ABOUT an ILLEGAL BUSINESS activity[, policy or practice
of the employer that 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 which constitutes health care fraud];
  (b) provides information to, or  testifies  before,  any  public  body
conducting an investigation, hearing or inquiry into any such [violation
of  a  law,  rule  or  regulation  by  such  employer]  ILLEGAL BUSINESS
ACTIVITY; or
  (c) objects to, or refuses to participate in any [such] ILLEGAL  BUSI-
NESS  activity[, policy or practice in violation of a law, rule or regu-
lation].
  3. Application. The protection against  retaliatory  personnel  action
provided  by SUBDIVISION TWO OF THIS SECTION SHALL APPLY TO ANY EMPLOYEE
WHO IN GOOD FAITH REASONABLY BELIEVES THAT AN ILLEGAL BUSINESS  ACTIVITY
HAS  OCCURRED  OR  WILL OCCUR, BASED ON INFORMATION THAT THE EMPLOYEE IN
GOOD FAITH REASONABLY BELIEVES TO BE TRUE; PROVIDED, HOWEVER,  THAT  THE
PROTECTION  AGAINST  RETALIATORY  PERSONNEL ACTION PROVIDED BY paragraph
(a) of subdivision two of this section pertaining  to  disclosure  to  a
public  body shall not apply to an employee who makes such disclosure to
a public body unless the employee has [brought] MADE A GOOD FAITH EFFORT
TO NOTIFY HIS OR HER EMPLOYER BY BRINGING the  ILLEGAL  BUSINESS  activ-
ity[, policy or practice in violation of law, rule or regulation] to the
attention  of  a  supervisor  [of  the  employer]  and has afforded such

S. 5620                             3

employer a reasonable opportunity to correct such activity[,  policy  or
practice].    EMPLOYER NOTIFICATION SHALL NOT BE REQUIRED WHERE: (A) THE
EMPLOYER HAS NOT COMPLIED WITH THE PUBLICATION REQUIREMENTS OF  SUBDIVI-
SION  EIGHT OF THIS SECTION; (B) THERE IS AN IMMINENT AND SERIOUS DANGER
TO THE PUBLIC HEALTH OR SAFETY; OR (C) THE EMPLOYEE REASONABLY  BELIEVES
THAT  REPORTING  TO  THE  SUPERVISOR  WOULD  RESULT  IN A DESTRUCTION OF
EVIDENCE OR OTHER CONCEALMENT OF THE ILLEGAL BUSINESS ACTIVITY.
  4. Violation; remedy. (a) An employee who has been the  subject  of  a
retaliatory  personnel action in violation of this section may institute
a civil action in a court of competent jurisdiction for  relief  as  set
forth  in  subdivision  five of this section within [one year] TWO YEARS
after the alleged retaliatory personnel action was taken.
  (b) Any action authorized by this section may be brought in the county
in which the alleged retaliatory personnel action occurred, in the coun-
ty in which the complainant resides, or  in  the  county  in  which  the
employer has its principal place of business.
  (c)  It  shall  be  a  defense  to any action brought pursuant to this
section that the personnel action was predicated upon grounds other than
the employee's exercise of any rights  protected  by  this  section.  It
shall  also be a defense that the individual was an independent contrac-
tor.
  (d) [Notwithstanding the provisions of paragraphs (a) and (c) of  this
subdivision, a health care employee who has been the subject of a retal-
iatory  action  by  a health care employer in violation of section seven
hundred forty-one of this article may institute  a  civil  action  in  a
court  of  competent jurisdiction for relief as set forth in subdivision
five of this section within two  years  after  the  alleged  retaliatory
personnel  action  was  taken.]  In  addition to the relief set forth in
[that] subdivision FIVE OF THIS SECTION, the court, in  its  discretion,
based upon a finding that the employer acted in bad faith in the retali-
atory  action,  may assess the employer a civil penalty of an amount not
to exceed ten thousand dollars, to be paid to the improving  quality  of
patient  care fund, established pursuant to section ninety-seven-aaaa of
the state finance law.
  5. Relief. In any action brought pursuant to subdivision four of  this
section, the court may order relief as follows:
  (a) [an injunction to restrain continued violation of this section;
  (b)]  the  reinstatement  of  the  employee  to the same position held
before the retaliatory personnel action, or to an equivalent position;
  [(c)] (B) the reinstatement of  full  fringe  benefits  and  seniority
rights;
  [(d)] (C) the compensation for lost wages, benefits and other remuner-
ation; [and
  (e)] (D) COMPENSATORY DAMAGES FOR ECONOMIC LOSS;
  (E)  the  payment  by the employer of reasonable costs, disbursements,
and attorney's fees;
  (F) AN INJUNCTION TO RESTRAIN THE EMPLOYER'S  CONTINUED  VIOLATION  OF
THIS SECTION WITH RESPECT TO THE EMPLOYEE; AND
  (G)  A  CIVIL PENALTY OF AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS,
IF THE COURT, IN ITS DISCRETION, FINDS THAT THE EMPLOYER  ACTED  IN  BAD
FAITH IN THE RETALIATORY ACTION.
  6.  Employer  relief.  A court, in its discretion, may also order that
reasonable attorneys' fees and court costs and disbursements be  awarded
to  an  employer  if  the  court determines that an action brought by an
employee under this section was without REASONABLE basis in  law  or  in
fact.

S. 5620                             4

  7.  Existing rights. Nothing in this section shall be deemed to dimin-
ish the rights, privileges, or remedies of any employee under any  other
law  or  regulation  or  under  any  collective  bargaining agreement or
employment contract; except that the institution of an action in accord-
ance  with this section shall be deemed a waiver of the rights and reme-
dies available under any other contract,  collective  bargaining  agree-
ment, law, rule or regulation or under the common law.
  8.  PUBLICATION.  EVERY  EMPLOYER  SHALL  INFORM  EMPLOYEES  OF  THEIR
PROTECTIONS, RIGHTS AND OBLIGATIONS UNDER THIS  SECTION,  BY  POSTING  A
NOTICE  THEREOF.    SUCH NOTICES SHALL BE POSTED CONSPICUOUSLY IN EASILY
ACCESSIBLE AND WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED  BY  EMPLOYEES
AND APPLICANTS FOR EMPLOYMENT.
  S  3. Subdivision 2 of section 75-b of the civil service law, as added
by chapter 660 of the laws of 1984 and paragraph (a) as amended by chap-
ter 899 of the laws of 1986, is amended to read as follows:
  2. (a) A public employer shall not dismiss, SUSPEND, DEMOTE,  PENALIZE
OR  DISCRIMINATE  AGAINST,  or  take other disciplinary or other adverse
personnel action against a  public  employee  regarding  the  employee's
employment because the employee:
  (I)  discloses  OR  THREATENS  TO  DISCLOSE  to  a  governmental  body
information[:(i)] regarding a violation of a  law,  rule  or  regulation
which  violation  creates and presents a substantial and specific danger
to the public health or safety[; or (ii) which the  employee  reasonably
believes  to  be  true  and reasonably believes] OR WHICH constitutes an
improper governmental action[. "Improper governmental action" shall mean
any action by a public employer or employee, or an agent of such employ-
er or employee, which is undertaken in the performance of  such  agent's
official  duties,  whether or not such action is within the scope of his
employment, and which is in violation of any  federal,  state  or  local
law, rule or regulation.];
  (II)  PROVIDES  INFORMATION  TO,  OR TESTIFIES BEFORE, ANY PUBLIC BODY
CONDUCTING AN INVESTIGATION, HEARING OR INQUIRY INTO  ANY  VIOLATION  OR
ACTION DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH; OR
  (III)  OBJECTS TO, OR REFUSES TO PARTICIPATE IN, ANY SUCH VIOLATION OR
ACTION.
  (b) THE PROTECTION AGAINST RETALIATORY PERSONNEL  ACTION  PROVIDED  IN
PARAGRAPH  (A)  OF  THIS  SUBDIVISION SHALL APPLY TO ANY EMPLOYEE WHO IN
GOOD FAITH REASONABLY BELIEVES THAT A VIOLATION OR IMPROPER GOVERNMENTAL
ACTION HAS OCCURRED OR WILL OCCUR, BASED ON INFORMATION THAT THE EMPLOY-
EE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE.
  (C) Prior  to  disclosing  information  pursuant  to  [paragraph  (a)]
SUBPARAGRAPH (I) OF PARAGRAPH (A) of this subdivision, an employee shall
have made a good faith effort to provide the appointing authority or his
or  her  designee  the information to be disclosed and shall provide the
appointing authority or designee a reasonable time to  take  appropriate
action  unless  there is imminent and serious danger to public health or
safety. For the purposes of  this  subdivision,  an  employee  who  acts
pursuant to this paragraph shall be deemed to have disclosed information
to  a governmental body under paragraph (a) of this subdivision. NOTIFI-
CATION TO THE APPOINTING AUTHORITY OR DESIGNEE  SHALL  NOT  BE  REQUIRED
WHERE:  (I)  THE  PUBLIC  EMPLOYER HAS NOT COMPLIED WITH THE PUBLICATION
REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION; (II) THERE IS AN IMMI-
NENT AND SERIOUS DANGER TO THE PUBLIC HEALTH OR  SAFETY;  OR  (III)  THE
EMPLOYEE  REASONABLY BELIEVES THAT REPORTING TO THE APPOINTING AUTHORITY
OR DESIGNEE WOULD RESULT IN A DESTRUCTION OF EVIDENCE OR OTHER  CONCEAL-
MENT OF THE ILLEGAL BUSINESS ACTIVITY.

S. 5620                             5

  (D) "IMPROPER GOVERNMENTAL ACTION" SHALL MEAN ANY PRACTICE, PROCEDURE,
ACTION  OR  FAILURE TO ACT BY A PUBLIC EMPLOYER OR EMPLOYEE, OR AN AGENT
OF SUCH EMPLOYER OR EMPLOYEE, WHICH IS UNDERTAKEN IN THE PERFORMANCE  OF
SUCH  AGENT'S  OFFICIAL DUTIES, WHETHER OR NOT SUCH ACTION IS WITHIN THE
SCOPE OF SUCH PERSON'S EMPLOYMENT, AND WHICH IS IN VIOLATION OF ANY LAW,
RULE  OR  REGULATION.  "LAW,  RULE OR REGULATION" INCLUDES: (I) ANY DULY
ENACTED FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE; (II) ANY  RULE  OR
REGULATION  PROMULGATED  PURSUANT  TO  ANY SUCH STATUTE OR ORDINANCE; OR
(III) ANY JUDICIAL OR ADMINISTRATIVE DECISION, RULING OR ORDER.
  S 4. Paragraph (c) of subdivision 3  of  section  75-b  of  the  civil
service  law, as added by chapter 660 of the laws of 1984, is amended to
read as follows:
  (c) [Where] IN ADDITION TO OR IN LIEU OF THE PROCEDURES SET  FORTH  IN
PARAGRAPHS  (A) AND (B) OF THIS SUBDIVISION, OR WHERE an employee is not
subject to any of the provisions of [paragraph (a) or (b) of this subdi-
vision] SUCH PARAGRAPHS, the employee may commence an action in a  court
of  competent  jurisdiction  under the same terms and conditions AND FOR
THE SAME RELIEF as set forth in article twenty-C of the labor law.
  S 5. Section 75-b of the civil service law is amended by adding a  new
subdivision 5 to read as follows:
  5.  EVERY PUBLIC EMPLOYER SHALL INFORM EMPLOYEES OF THEIR PROTECTIONS,
RIGHTS AND OBLIGATIONS UNDER THIS SECTION, BY POSTING A NOTICE  THEREOF.
SUCH  NOTICES  SHALL  BE  POSTED  CONSPICUOUSLY IN EASILY ACCESSIBLE AND
WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES  AND  APPLICANTS
FOR EMPLOYMENT.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S5620

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Sponsored By

Diane J. Savino