NY State Senate Bill 2019-S4396A

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to labor delivered to assembly passed senate
Feb 10, 2020	advanced to third reading
Feb 05, 2020	2nd report cal.
Feb 04, 2020	1st report cal.360
Jan 08, 2020	referred to labor returned to senate died in assembly
Jun 12, 2019	referred to labor delivered to assembly passed senate
Jun 06, 2019	amended on third reading 4396a
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1116
Mar 11, 2019	referred to labor

Votes

- Jul 21, 2020 - Floor Vote
  S4396A
  
  42
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 21, 2020
      
      aye (42)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Boyle
      
      Funke
      
      Gallivan
      
      Helming
      
      Jordan
      
      LaValle
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jun 12, 2019 - Floor Vote
  S4396A
  
  41
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (21)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Feb 4, 2020 - Labor Committee Vote
  S4396A
  
  9
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Feb 4, 2020
      
      aye (9)
      
      Gounardes
      
      Harckham
      
      Jackson
      
      Martinez
      
      Mayer
      
      Persaud
      
      Ramos
      
      Sanders Jr.
      
      Savino
      
      nay (3)
      
      Akshar
      
      Funke
      
      Lanza
      
      aye wr (1)
      
      Gallivan
  May 30, 2019 - Labor Committee Vote
  S4396A
  
  10
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 30, 2019
      
      aye (10)
      
      Gounardes
      
      Jackson
      
      Martinez
      
      Mayer
      
      Persaud
      
      Ramos
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Tedisco
      
      nay (1)
      
      Akshar
      
      aye wr (2)
      
      Gallivan
      
      Lanza

Bill Amendments

Original

A (Active)

2019-S4396 - Details

See Assembly Version of this Bill:: A5631
Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §740, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9590
2021-2022: S4394, A2546

2019-S4396 - Summary

Relates to retaliatory personnel actions by employers.

2019-S4396 - Sponsor Memo

                                
 
BILL NUMBER: S4396

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to retali-
atory personnel actions by employers

 
JUSTIFICATION:

As was pointed out by the Court of Appeals in 1996, New York maintains
two different standards for providing a remedy to employees who have
been unlawfully retaliated against by their employers. Bordell v.
General Electric Co., 88 N.Y.2d 869, 871.

As the Court held, for non-public employees, proof of an actual
violation of law is required in order to sustain a cause of action pred-
icated under Labor Law Sec. 740, New York's anti-retaliation law.  In
other words, in order for an employee to claim that they were wrongfully
retaliated against by an employer, the employee must demonstrate that
he/she disclosed an action violation of law. See, ch. 660, L.1984, which
also added Civil Service Law § 75-b as applicable to public employees.

However, the Civil Rights Law was amended in 1986 to "widen the

protection for a public employee" by providing protection for disclosure
of information "which the employee reasonably believes to be true and
reasonably believes constitutes an improper governmental action".
Ch.899, L. 1986, § 1 (emphasis supplied).

There is no reason to have two disparate standards for the maintenance
of retaliation actions, and no reason to afford public employees with a
greater remedy than possessed by employees in the private sector.

Thus, the reasonableness standard set forth in the Civil Service Law
warrants a conforming amendment to the Labor Law. It should be suffi-
cient that an employee establish that he/she reasonably believed that
the employer was violating the law, not that the law was actually
violated, a much more difficult standard for the employee to overcome in
order to maintain an action alleging unlawful retaliation.

This bill also makes unlawful retaliation causes of action available to
independent contractors. The importance of this aspect of the bill was
highlighted by the numerous allegations of sexual harassment lodged
against Harvey Weinstein by aspiring actresses, some of whom were
employed as independent contractors. It is submitted that there is no
valid reason why an actress employed as an independent contractor who
refused sexual advances made by a Harvey Weinstein-type individual, and
who had her movie role deleted or limited, should not be able to bring
an action alleging wrongful retaliation merely by virtue of the fact
that she was not a full-time employee.

The bill also permits the recovery of punitive damages if the employer
was found to violate the anti-retaliation law in a "malicious or wanton"
manner. This is consistent with existing law, which permits a court to
award punitive damages for only the most egregious types of conduct.
However, where such conduct occurs in the employment setting, there is
no reason not to afford victims with the same relief which is afforded
to the victims of such conduct in non-employment settings.

 
LEGISLATIVE HISTORY:

2018: A.9590 (Referred to Labor)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made by
the Commissioner of Labor of the state of New York on or before such
effective date.

2019-S4396 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4396
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  personnel
   actions by employers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (a) of subdivision 2 of section 740 of the labor
 law, as amended by chapter 442 of the laws of 2006, is amended  to  read
 as follows:
   (a) discloses, or threatens to disclose to a supervisor or to a public
 body  an  activity,  policy or practice of the employer [that] WHICH THE
 EMPLOYEE REASONABLY BELIEVES is in violation of law, rule or  regulation
 [which  violation creates and presents] OR WHICH THE EMPLOYEE REASONABLY
 BELIEVES POSES a substantial and specific danger to the public health or
 safety, or which constitutes health care fraud;
   § 2. Paragraph (c) of subdivision 4 of section 740 of the  labor  law,
 as  added  by  chapter  660  of  the laws of 1984, is amended to read as
 follows:
   (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.]
   §  3.  Paragraphs  (d)  and (e) of subdivision 5 of section 740 of the
 labor law, as added by chapter 660 of the laws of 1984, are  amended  to
 read as follows:
   (d)  the compensation for lost wages, benefits and other remuneration;
 [and]
   (e) the payment by the employer of  reasonable  costs,  disbursements,
 and attorney's fees; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00918-01-9

 S. 4396                             2
 
   (F)  THE PAYMENT BY THE EMPLOYER OF PUNITIVE DAMAGES, IF THE VIOLATION
 WAS MALICIOUS OR WANTON.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to  be  made by the commissioner of labor of the state of New York on or
 before such effective date.

co-Sponsors

View additional co-sponsors

2019-S4396A (ACTIVE) - Details

See Assembly Version of this Bill:: A5631
Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §740, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9590
2021-2022: S4394, A2546

2019-S4396A (ACTIVE) - Summary

Relates to retaliatory personnel actions by employers.

2019-S4396A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4396A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to retali-
atory personnel actions by employers

 
JUSTIFICATION:

As was pointed out by the Court of Appeals in 1996, New York maintains
two different standards for providing a remedy to employees who have
been unlawfully retaliated against by their employers. Bordell v. Gener-
al Electric Co., 88 N.Y.2d 869, 871.

As the Court held, for non-public employees, proof of an actual
violation of law is required in order to sustain a cause of action pred-
icated under Labor Law Sec. 740, New York's anti-retaliation law. In
other words, in order for an employee to claim that they were wrongfully
retaliated against by an employer, the employee must demonstrate that
he/she disclosed an action violation of law. See, ch.  660, L.1984,
which also added Civil Service Law § 75-b as applicable to public
employees.

However, the Civil Rights Law was amended in 1986 to "widen the
protection for a public employee" by providing protection for disclosure
of information "which the employee reasonably believes to be true and
reasonably believes constitutes an improper governmental action".
Ch.899, L. 1986, § 1 (emphasis supplied).

There is no reason to have two disparate standards for the maintenance
of retaliation actions, and no reason to afford public employees with a
greater remedy than possessed by employees in the private sector.

Thus, the reasonableness standard set forth in the Civil Service Law
warrants a conforming amendment to the Labor Law. It should be suffi-
cient that an employee establish that he/she reasonably believed that
the employer was violating the law, not that the law was actually
violated, a much more difficult standard for the employee to overcome in
order to maintain an action alleging unlawful retaliation.

This bill also makes unlawful retaliation causes of action available to
independent contractors. The importance of this aspect of the bill was
highlighted by the numerous allegations of sexual harassment lodged
against Harvey Weinstein by aspiring actresses, some of whom were
employed as independent contractors. It is submitted that there is no
valid reason why an actress employed as an independent contractor who
refused sexual advances made by a Harvey Weinstein-type individual, and
who had her movie role deleted or limited, should not be able to bring
an action alleging wrongful retaliation merely by virtue of the fact
that she was not a full-time employee.

The bill also permits the recovery of punitive damages if the employer
was found to violate the anti-retaliation law in a "malicious or wanton"
manner. This is consistent with existing law, which permits a court to
award punitive damages for only the most egregious types of conduct.
However, where such conduct occurs in the employment setting, there is
no reason not to afford victims with the same relief which is afforded
to the victims of such conduct in non-employment settings.

 
LEGISLATIVE HISTORY:
2018: A.9590 (Referred to Labor)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made by
the Commissioner of Labor of the state of New York on or before such
effective date.

2019-S4396A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4396--A
     Cal. No. 1116
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 AN ACT to amend the labor law,  in  relation  to  retaliatory  personnel
   actions by employers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 1 of section 740 of the labor
 law, as added by chapter 660 of the laws of 1984, is amended to read  as
 follows:
   (a) "Employee" means an individual who performs services for and under
 the control and direction of an employer for wages or other remuneration
 OR NATURAL PERSONS EMPLOYED AS INDEPENDENT CONTRACTORS TO CARRY OUT WORK
 IN  FURTHERANCE  OF  AN EMPLOYER'S BUSINESS ENTERPRISE WHO ARE NOT THEM-
 SELVES EMPLOYERS.
   § 2. The opening paragraph and  paragraph  (a)  of  subdivision  2  of
 section  740 of the labor law, the opening paragraph as added by chapter
 660 of the laws of 1984 and paragraph (a) as amended by chapter  442  of
 the laws of 2006, is amended to read as follows:
   An employer shall not take any retaliatory personnel action against an
 employee,  WHETHER OR NOT WITHIN THE SCOPE OF THE EMPLOYEE'S JOB DUTIES,
 because such employee does any of the following:
   (a) discloses, or threatens to disclose to a supervisor or to a public
 body an activity, policy or practice of the employer  [that]  WHICH  THE
 EMPLOYEE  REASONABLY BELIEVES is in violation of law, rule or regulation
 [which violation creates and presents] OR WHICH THE EMPLOYEE  REASONABLY
 BELIEVES POSES a substantial and specific danger to the public health or
 safety, or which constitutes health care fraud;

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

                                                            LBD00918-02-9

 S. 4396--A                          2
 
   §  3.  Paragraph (c) of subdivision 4 of section 740 of the labor law,
 as added by chapter 660 of the laws of  1984,  is  amended  to  read  as
 follows:
   (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.]
   § 4. Paragraphs (b), (d) and (e) of subdivision 5 of  section  740  of
 the  labor law, as added by chapter 660 of the laws of 1984, are amended
 to read as follows:
   (b) the reinstatement of the employee to the same position held before
 the retaliatory personnel action, or to an equivalent position, OR FRONT
 PAY IN LIEU THEREOF;
   (d) the compensation for lost wages, benefits and other  remuneration;
 [and]
   (e)  the  payment  by the employer of reasonable costs, disbursements,
 and attorney's fees; AND
   (F) THE PAYMENT BY THE EMPLOYER OF PUNITIVE DAMAGES, IF THE  VIOLATION
 WAS WILLFUL, MALICIOUS OR WANTON.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to  be  made by the commissioner of labor of the state of New York on or
 before such effective date.

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Senate Bill S4396A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jul 21, 2020 - Floor Vote

Floor Vote: Jul 21, 2020

Jun 12, 2019 - Floor Vote

Floor Vote: Jun 12, 2019

Feb 4, 2020 - Labor Committee Vote

Labor Committee Vote: Feb 4, 2020

May 30, 2019 - Labor Committee Vote

Labor Committee Vote: May 30, 2019

Bill Amendments

2019-S4396 - Details

2019-S4396 - Summary

2019-S4396 - Sponsor Memo

2019-S4396 - Bill Text download pdf

co-Sponsors

2019-S4396A (ACTIVE) - Details

2019-S4396A (ACTIVE) - Summary

2019-S4396A (ACTIVE) - Sponsor Memo

2019-S4396A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4396A

Share this bill

Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2019-S4396 - Details

2019-S4396 - Summary

2019-S4396 - Sponsor Memo

2019-S4396 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

David Carlucci

Andrew Gounardes

Robert Jackson

2019-S4396A (ACTIVE) - Details

2019-S4396A (ACTIVE) - Summary

2019-S4396A (ACTIVE) - Sponsor Memo

2019-S4396A (ACTIVE) - Bill Text download pdf

Comments