NY State Senate Bill 2015-S3928

Senate Bill S3928

2015-2016 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Feb 23, 2015	referred to labor

co-Sponsors

2015-S3928 (ACTIVE) - Details

See Assembly Version of this Bill:: A1137
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §740, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5640, A7649
2017-2018: S3862, A2156
2019-2020: S2832, A1679
2021-2022: A3995
2023-2024: A7896

2015-S3928 (ACTIVE) - Summary

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.

2015-S3928 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3928

TITLE OF BILL:

An act to amend the labor law, in relation to retaliatory action by
employers

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 740(2) of the labor law by
renumbering subdivisions and adding a new subdivision (b) to prohibit
an employer from taking retaliatory action against an employee who
protests or discloses, whether to a supervisor, a public entity, or to
the public in general, any action that constitutes a violation of
Article 4 of the Public Officers Law (including receiving bribes and
unlawful fees and payments) or Article 195 of the Penal Law (including
official misconduct and defrauding the government).

Section 2 of the bill is the effective date.

JUSTIFICATION:

Current law protects public and private sector employees who disclose,
or threaten to disclose to a supervisor or to a public body an
activity, policy or practice of an employer that violates a law, rule
or regulation which creates and presents a substantial and specific

danger to the public health or safety, or which constitutes health
care fraud.

This bill will expand protection to employees who protest or disclose
actions of a public official, including members of the legislature,
who violate the public officers law or penal law including asking,
receiving or agreeing to receive a bribe; official misconduct; and
defrauding the government.

Employees should be encouraged to report unlawful activity of public
officials without the fear of retaliation. This bill will protect
those employees.

PRIOR LEGISLATIVE HISTORY:

2013-14 Session - S.5460-A - referred to Labor

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3928 (ACTIVE) - Bill Text download pdf

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

                                  3928

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- 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  action  by
  employers

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

  Section 1. Subdivision 2 of section 740 of the labor law, as added  by
chapter 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) (I) discloses, or threatens to disclose to a supervisor  or  to  a
public  body  an 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 safe-
ty, or which constitutes health care fraud; OR
  [(b)]  (II)  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; or
  [(c)]  (III)  objects to, or refuses to participate in any such activ-
ity, policy or practice in violation of a law, rule or regulation[.]; OR
  (B) PROTESTS OR DISCLOSES, WHETHER TO A SUPERVISOR, A  PUBLIC  ENTITY,
OR  TO THE PUBLIC IN GENERAL, ANY ACTION THAT CONSTITUTES A VIOLATION OF
SECTION SEVENTY-THREE, SEVENTY-THREE-A, SEVENTY-FOUR,  SEVENTY-FIVE,  OR
SEVENTY-SIX  OF  THE  PUBLIC  OFFICERS  LAW  OR  SECTION 175.20, 175.25,
175.40, 195.20 OR ARTICLE TWO HUNDRED OF THE PENAL LAW.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04738-01-5

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Senate Bill S3928

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Sponsored By

Diane J. Savino