Provides that an employer may not take retaliatory action against a person who protests against or discloses any bribery or attempted bribery of a public official

1 Co-sponsor

• Brad Hoylman-Sigal

BILL NUMBER:S3928

Title of bill

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

Summary of specific provisions

Section 1 of the bill amends section 740(2) of the labor law by renumbering subdivisions and adding a new subdivision (b) to prohibit an employer from taking retaliatory action against an employee who protests or discloses, whether to a supervisor, a public entity, or to the public in general, any action that constitutes a violation of Article 4 of the Public Officers Law (including receiving bribes and unlawful fees and payments) or Article 195 of the Penal Law (including official misconduct and defrauding the government).

Section 2 of the bill is the effective date.

Justification

Current law protects public and private sector employees who disclose, or threaten to disclose to a supervisor or to a public body an activity, policy or practice of an employer that violates a law, rule or regulation which creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.

This bill will expand protection to employees who protest or disclose actions of a public official, including members of the legislature, who violate the public officers law or penal law including asking, receiving or agreeing to receive a bribe; official misconduct; and defrauding the government.

Employees should be encouraged to report unlawful activity of public officials without the fear of retaliation. This bill will protect those employees.

Prior legislative history

2013-14 Session - S.5460-A - referred to Labor

Fiscal implications

None

Effective date

This act shall take effect immediately.