What's happening
This bill removes the rule that filing a whistleblower lawsuit waives an employee's other legal rights and remedies.
Why it matters
Empowers whistleblowers to seek multiple forms of justice. By removing the waiver rule, employees can now pursue both a whistleblower lawsuit and other legal claims (such as discrimination or contract violations), allowing them to address all harms they may have suffered.
Reduces fear of retaliation and legal risk. Employees no longer have to choose between exposing wrongdoing and preserving their other workplace rights, which may encourage more people to report illegal or unethical practices.
Strengthens overall worker protections. The change aligns whistleblower protections with other areas of employment law, ensuring that employees do not lose important rights simply for bringing forward evidence of employer misconduct.
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Who cares
Employee whistleblowers
The bill would remove the provision that treats filing an action under Labor Law section 740 as a waiver of rights and remedies under other laws, contracts or the common law.
Employers
They would lose the statutory waiver provision that limits other claims when an employee files a section 740 action.
Unions and employees covered by collective bargaining agreements
Filing a section 740 action would no longer automatically waive rights and remedies available under a collective bargaining agreement.
Headline styles
Protect Whistleblower Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Whistleblowers' Legal Rights
In Senate Committee · Labor · Sponsor Phil Steck
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6729
2017-2018 Regular Sessions
IN SENATE
June 15, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to eliminating a disincentive for whistleblowers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows:
7. Existing rights. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract[; except that the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07668-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to eliminating a disincentive for whistleblowers
Purpose or general idea of bill
Whistleblowers in NY are currently barred from bringing any other legal claims they may have if they choose to bring a whistleblower claim.
Summary of provisions
This bill eliminates a self-contradictory provision in Labor Law § 740 which purports not to diminish the rights of whistleblowers but then says that they cannot assert any other claims if they bring a whistle-blower claim, thus diminishing the rights of whistleblowers in comparison to other citizens.
Justification
The statute as currently written is contrary to the ordinary rule of law that a litigant should bring all claims in one action in one forum. Thus, by requiring a litigant not to do so, and to act against normal practice, the existing provision is a trap for the unwary. In addition, it is counter-intuitive to penalize a whistleblower who may have other causes of action, such as breach of an employment contract, by requiring the whistleblower to give up such other causes of action in order to bring a whistleblower claim. Whistleblower claims are particularly important because, by exposing problems in government and society, the need for reform is identified. Discouraging legitimate whistleblower claims is a barrier to remedying corruption.
Legislative history
A1088 OF 2016 A8483 OF 2014
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.