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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 03, 2018 |
referred to labor |
| Jun 15, 2017 |
referred to rules |
Senate Bill S6729
2017-2018 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2017-S6729 (ACTIVE) - Details
2017-S6729 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6729
TITLE OF BILL : An act to amend the labor law, in relation to
eliminating a disincentive for whistleblowers
PURPOSE OR GENERAL IDEA OF BILL :
Whistleblowers in NY are currently barred from bringing any other
legal claims they may have if they choose to bring a whistleblower
claim.
SUMMARY OF PROVISIONS :
This bill eliminates a self-contradictory provision in Labor Law § 740
which purports not to diminish the rights of whistleblowers but then
says that they cannot assert any other claims if they bring a
whistle-blower claim, thus diminishing the rights of whistleblowers in
comparison to other citizens.
JUSTIFICATION :
The statute as currently written is contrary to the ordinary rule of
law that a litigant should bring all claims in one action in one
forum. Thus, by requiring a litigant not to do so, and to act against
normal practice, the existing provision is a trap for the unwary. In
addition, it is counter-intuitive to penalize a whistleblower who may
2017-S6729 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6729
2017-2018 Regular Sessions
I N S E N A T E
June 15, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to eliminating a disincentive
for whistleblowers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 740 of the labor law, as added by
chapter 660 of the laws of 1984, is amended to read as follows:
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
accordance with this section shall be deemed a waiver of the rights and
remedies available under any other contract, collective bargaining
agreement, law, rule or regulation or under the common law].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07668-01-7
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