S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2156
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. ABINANTI, GALEF, M. G. MILLER, DINOWITZ, STIRPE,
   JENNE, SKOUFIS, MONTESANO, FINCH, GOTTFRIED, PICHARDO, COLTON, JOYNER,
   MOSLEY, ARROYO, BARRON, HOOPER, THIELE, JAFFEE,  GRAF,  RAIA,  CAHILL,
   LAWRENCE, STECK, SEPULVEDA, LIFTON, RIVERA -- Multi-Sponsored by -- M.
   of  A.    ENGLEBRIGHT,  GIGLIO, GLICK, LOPEZ, MAGEE, SIMON, SIMOTAS --
   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:
 
   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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03380-01-7