BILL NUMBER: S2736

SPONSOR: SKOUFIS
 
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 compar-
ison 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 have other
causes of action, such as breach of an employment contract, by requiring
the whistleblower to give up such other causes of action in order to
bring a whistleblower claim. Whistleblower claims are particularly
important because, by exposing problems in government and society, the
need for reform is identified.  Discouraging legitimate whistleblower
claims is a barrier to remedying corruption.

 
LEGISLATIVE HISTORY:

Assembly

2017 - Passed Assembly
2018 - Passed Assembly

Senate:

2017 - Referred to Rules
2018 - Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately