Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report improper business activities

6 Co-sponsors

• Ruben Diaz
• Shirley L. Huntley
• Liz Krueger
• George Onorato
• Suzi Oppenheimer
• Toby Ann Stavisky

Title of bill

An act to amend the labor law and the civil service law, in relation to protection of employees against retaliatory action by employers

Purpose or general idea of bill

This bill would prohibit certain adverse personnel actions by public employers taken against public employees when they report improper events or activities.

Summary of specific provisions

This bill would amend sections 740 and 741 of the labor law, and section 75-b of the civil service law to:offer the following necessary changes to the current legislation:

* The bill strengthens the protections afforded employees by prohibiting retaliatory action for disclosing or refusing to participate in "improper governmental action." Improper governmental action is defined as any practice, procedure, action or failure to act by an employer that violates any law, rule or regulation, expanding the definition of employer misconduct beyond that which would present a substantial and significant threat to the public health and safety

* The bill eliminates the notice requirement, so that employees are no longer required to bring the misconduct in question to the attention of their employer prior to reporting such misconduct to an outside source. The Supreme Court has held that such internal communications are not protected under the First Amendment. See Garcetti v. Ceballos, 547 U.S. (2006). In addition, the notice requirement allowed employers to cover their tracks while preparing a dossier against the reporting employee.

* The bill increases the civil penalty allowed in such whistle blower claims to $30,000.

* The bill eliminates the right of the employer to seek attorney's fees for those claims to be determined to be made without a reasonable basis.

Justification

This bill would expand the current whistle blower protections under Sections 740 and 741 of the Labor Law and Section 75-b of the Civil Service Law.

Currently, the whistle blower protections afforded under these statutes is overly narrow in scope, merely protecting employees who are reporting employer misconduct that threatens the general public health and safety. The corporate scandals that rocked the business community in the early part of this decade demonstrate the vital need for broad whistle blower protections The narrow scope of these statutes deprives them of any true meaning or effect. As a result, this much needed legislation finally offers adequate protection to those brave employees who refuse to sacrifice their own integrity in the face of employer intimidation.

Prior legislative history

A.8405 (2007-2008).

Fiscal implications

See fiscal note.

Effective date

This act would take effect on the 90th day after enactment.