Relates to retaliatory personnel action by employers

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 retaliatory 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 personnel 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

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.