What's happening
This bill removes the rule that filing a whistleblower lawsuit waives an employee's rights to pursue other legal remedies.
Why it matters
Protects Whistleblowers from Legal Trade-Offs. By eliminating the rule that filing a whistleblower lawsuit waives other legal remedies, employees can now report wrongdoing without sacrificing their rights under other laws, contracts, or collective bargaining agreements.
Encourages Reporting of Misconduct. Employees may be more willing to come forward about illegal or unethical behavior at work, knowing they won’t lose other avenues for justice or compensation by filing a whistleblower claim.
Strengthens Worker Protections. The change closes a loophole that previously forced workers to choose between whistleblower protection and other legal rights, ensuring broader protection against employer retaliation or workplace abuses.
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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
Employers facing section 740 actions could no longer rely on that provision to argue that employees waived other rights and remedies by filing.
Unions and workers covered by collective bargaining agreements
The bill would allow employees to bring section 740 actions without triggering a waiver of rights and remedies under their collective bargaining agreements.
Headline styles
Protect Whistleblowers’ Legal Rights
Plain English, a few words. Used as the page title.
Sponsors
13 Co-sponsors
1 Multi-sponsor
History
- Signed chap.684
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.1112
- Substituted for S2736
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.66
- Rules report cal.66
- Reported
Show 2 earlier actions
- Reported referred to rules
- Referred to labor
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 Whistleblower Rights
Senate Floor Calendar · Sponsor James Skoufis
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
375
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. STECK, GOTTFRIED -- read once and referred to the Committee on Labor
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.
LBD03379-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.