BILL NUMBER: S4355

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the labor law, in relation to retaliatory personnel
action by employers

 
PURPOSE:

To protect employees from retaliatory actions by their employers.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (c) of subdivision 2 of section 740 of the
labor law, as added by chapter 660 of the laws of 1984, and adds two new
paragraphs (d) and (e) providing an employer shall not take any retali-
atory personnel action against an employee because such employee
complains to the employer or supervisor that wages have not been paid
according to the terms and conditions of employment, or institutes or
plans on instituting a civil action for relief from retaliatory person-
nel action.
              

Section 2 amends paragraph (e) of subdivision 5 of section 740 of the
labor law, as added by chapter 660 of the laws of 1984, providing in a
civil action for relief from retaliatory personnel action, the court may
impose a fine against the employer of not less than $5,000 nor more than
$10,000.

Section 3 provides the act shall take effect immediately.

 
EXISTING LAW:

Employers are prohibited from taking retaliatory personnel action
against employees who make certain disclosures or refuse to participate
in activities that violate a law, rule or regulation.  Courts may impose
on employers reasonable costs, disbursements and attorney's fees in
civil actions by employees.

 
JUSTIFICATION:

Employees should not fear retaliation when they speak up about unpaid
wages, nor should they feel intimidated to pursue legal recourse if
necessary. Employers should be held accountable for unjust retaliatory
personnel action.

 
LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE LABOR

2019-20 REFERRED TO SENATE LABOR

 
FISCAL IMPLICATIONS:

Undetermined

 
LOCAL FISCAL IMPLICATIONS:

Undetermined
 
EFFECTIVE DATE:
This act shall take effect immediately.