S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3995
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. ABINANTI, GALEF, M. MILLER, DINOWITZ, STIRPE,
   J. RIVERA, MONTESANO, GOTTFRIED,  PICHARDO,  COLTON,  JOYNER,  BARRON,
   THIELE,  CAHILL,  STECK -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT,
   J. M. GIGLIO, GLICK, SIMON -- 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 WHICH  THE  EMPLOYEE  REASONABLY
 BELIEVES  CONSTITUTES  A  VIOLATION  OF  SECTION SEVENTY-THREE, SEVENTY-
 THREE-A, SEVENTY-FOUR, SEVENTY-FIVE, OR SEVENTY-SIX OF THE PUBLIC  OFFI-
 CERS  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.
                                                            LBD00974-01-1